7////M 


CONSTITUTIONS 


t 

o 


OF  THE  JF is /'.'rut'  * ,  %  ' 

UNITED  STATES, 


ACCORDING  TO  THE 


LATEST  AMENDMENTS: 


TO  WHICH  ARE  PREFIXED, 


DECLARATION  OF  INDEPENDENCE 


ND  THE 


WITH  THE  AMENDMENTS.. 


This  Edition  contains  the  late  Cbnftitutions  of  Vermont,  Delaware, 
Georgia,  and  Kentucky,  with  the  Regulations  for  the  Government  of 
the  Territory  north- weft  cf  the  River  Ohio;  alfo,  the  Amendments  to 
the  CcTiftitution  of  Maryland; — not  in  any  former  Edition. 

— * 

PHIh ADEL  PHI A  : 

PRINTED  FOR  ROBERT  C AMPBELL9 
No.  30,  Chefnut-ftreet. 

x8oo» 


CONTENTS. 


DECLARATION  of  Independence,  - 
Confitution  of  the  United  States , 
Amendments  to  ditto ,  - 

Confitution  of  New-Hampjhire , 
Maffachufetts , 

Charter  of  Rhode- If. and, 

Confitution  of  Connecticut , 

New-Tork , 

New-Jerfey, 

Pennfylvania ,  - 

Delaware ,  - 

Maryland ,  - 

Amendments  to  ditto , 

Confitution  of  Virginia ,  - 

North-Carolina ,  - 

South-  Carolina, 

Georgia,  - 
Vermont ,  - 

T’enneffee,  - 
Kentucky ,  - 

Ordinance  of  Congrefs  for  the  government 

territory  north-wef  oj  the  river  Ohio, 

ACt  to  provide  for  the  government  of  ditto , 


of  the 


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210 

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242 

26J 

272 


C.CAMPBUI.L 


DECLARATION  OF  INDEPENDENCE. 

A  D  E  C  LA  R.  AT ION,  by  the  Reprefentati'vcs  of  the  Urn  ted 
States  of  America ,  in  Ccngrefs  afj'embled ,  July  4,  1776. 

WHEN,  in  the  courfe  of  human  events,  it  becomes 
neceftary  for  one  people  to  diiiblve  the  political 
bands  which  have  connected  them  with  another,  and  to 
affurne  among  the  powers  of  the  earth,  the  feparate  and 
equal  ftation  to  which  the  laws  of  nature  and  of  nature’s 
God  entitle  them,  a  decent  refpecft  to  the  opinions  of  man¬ 
kind  requires  that  they  fhould  declare  the  caufes  which  im¬ 
pel  them  to  the  reparation. 

We  hold  thefe  truths  to  be  felf  evident — that  all  men  are 
created  equal  ;  that  they  are  endowed  by  their  Creator  with 
certain  unalienable  rights  ;  that  among  thefe  are  life,  liberty, 
and  the  purfuit  of  happinefs.  That,  to  fecnre  thefe  rights, 
governments  are  inftituted  among  men,  deriving  their  juft 
powers  from  the  confent  of  the  governed  ;  that  whenever 
any  form  of  government  becomes  deftru&ive  of  thefe  ends, 
it  is  the  right  of  the  people  to  alter  or  to  abolifh  it,  and  to 
inftitute  newgovernmenf,  laying  its  foundation  on  fuch  princi¬ 
ples,  and  organizing  its  powers  in  fuch  form,  as  to  them  fttall 
feem  moft  likely  to  effect  their  fafety  and  happinefs.  Pru¬ 
dence,  indeed,  will  dictate,  that  governments  long  eftablilhed 
fhould  not  be  changed  for  light  and  tranfient  caufes ;  and 
accordingly  all  experience  hath  fhewn,  that  mankind  are 
more  difpofed  to  fufFer,  while  evils  are  fufferable,  than  to 
right  themfelves  by  abolifhing  the  forms  to  which  they  are 
accuftomed.  But  when  a  long  train  of  abufes  and  ufurpations, 
purfuing  invariably  the  fame  objeff,  evinces  a  delign  to  re¬ 
duce  them  under  abfoiute  defpotifm,  it  is  the*ir  right,  it  is 
their  duty,  to  throw  off  fuch  government,  and  to  provide 
new  guards  for  their  future  fecurity.  Such  has  been  the 
patient  fufferance  of  thefe  colonies  ;  and  fuch  is  now  the 
neceffity  which  conft  rains  them  to  alter  their  former  fyftems  of 
government.  The  hiftory  of  the  prefent  King  of  Great  Britain 
is  a  hiftory  of  repeated  injuries  and  ufurpations,  all  having 
in  direct  object  the  eftablilhment  ot  an  abfoiute  tyranny  over 

a 


VI 


DECLARATION  OK 


thefe  States.  To  prove  this,  let  faCls  be  fubmitted  to  a  can¬ 
did  world. 

■  He  has  refufed  his  afient  to  laws,  the  irioft  w’holefome  and 
necefiary  for  the  public  good. 

He  has  forbidden  his  Governors  to  pafs  laws  of  immediate 
and  [ reffing  importance,  unlefs  fufpended  in  their  operation, 
till  his  aflent  fhould  be  obtained  :  and,  when  fo  fufpended, 
he  has  utterly  neglected  to  attend  to  them. 

He  has  refufed  to  pafs  other  laws,  for  the  accommodation 
of  large  difiridts  of  people,  unlefs  thofe  people  would  relin- 
quifh  the  right  of  reprefentation  in  the  Legislature — a  right 
intflimable  to  them,  and  formidable  to  tyrants  only. 

Ele  has  called  together  legiflative  bodies,  at  places  unufual, 
uncomfortable,  and  diftant  from  the  depofitory  of  their  public 
records,  for  the  foie  purpofe  of  fatiguing  them  into  compli¬ 
ance  with  his  meafures. 

hie  has  diffolved  Reprefentative  Houfes  repeatedly,  for 
oppofing,  with  manly  firmnefs,  his  invalions  on  the  rights  of 
the  people. 

He  has  refufed,  for  a  long  time  after  fuch  diifolutions,  to 
caufe  others  to  be  eledled  ;  whereby  the  legiflative  powers, 
incapable  of  annihilation,  have  returned  to  the  people  at 
large,  for  their  exercife  ;  the  date  remaining,  in  the  mean 
time,  expofed  to  all  the  danger  of  invafion  from  without,  and 
convulfions  within. 

He  has  endeavoured  to  prevent  the  population  of  thefe 
dates  ;  for  that  purpofe  obftrudling  the  laws  for  naturaliza¬ 
tion  of  foreigners  ;  refufing  to  pafs  others,  to  encourage  their 
migration  hither,  and  railing  the  conditions  of  new  appropri¬ 
ations  of  lands. 

fie  has  obftru&ed  the  adminidration  of  judice,  by  refufing 
his  adent  to  laws,  for  edablifhing  Judiciary  Pow  ers. 

He  has  made  Judges  dependent  on  his  will  alone,  for  the 
tenure  of  their  offices,  and  the  amount  and  payment  of  their 

falaries. 

He  has  eretted  a  multitude  of  new  offices,  and  fent  hither 
fwarms  of  officers,  to  harrafs  our  people,  and  eat  out  their 
fubftance. 

He  has  kept  among  us,  in  times  of  peace,  danding  armies, 
without  the  confent  of  our  Legiflatures. 

He  has  affe&ed  to  render  the  military  independent  of,  and 
fuperior  to,  the  civil  power. 


INDEPENDENCE. 


•  • 

He  has  combined  with  others,  to  fubjcCl  us  to  a  jurifdic- 
tion,  foreign  to  our  Conftitution,  and  unacknowledged  by 
our  laws  ;  giving  his  a  (Tent  to  their  aCts  of  pretended  iegifla- 
tion  :  — 

For  quartering  large  bodies  of  armed  troops  among  us  : — - 

For  protecting  them,  by  a  mock  trial,  from  ponifhment  for 
any  murders  which  they  fhould  commit  on  the  inhabitants  of 
thefe  ftutes  : — • 

For  cutting  off  our  trade  with  all  parts  of  the  world  : — • 

For  impodng  taxes  on  us  without  otir  confent  : — 

For  depriving  us,  in  many  cafes,  of  the  benefits  of  trial  by 
jury  : — 

For  tranfporting  us  beyond  feas*  to  be  tried  for  pretended 
offences 

For  abolifhing  the  free  fyftem  of  Englifh  laws  in  a  neigh¬ 
bouring  province,  e ft abl ifliing  therein  an  arbitrary  govern¬ 
ment,  and  enlarging  its  boundaries  fo  as  to  render  it  at  once 
an  example  and  fit  inftrument,  for  introducing  the  fame  abfo- 
lute  rule  into  thefe  colonies  : — - 

For  taking  away  our  charters,  abolifliing  our  mod  valua¬ 
ble  laws,  and  altering  fundamentally  the  forms  of  our  govern¬ 
ments  :  — 

For  fufpending  our  own  Legislatures,  and  declaring  them- 
Pelves  invefled  with  power,  to  legiflate  for  us  in  ail  cafes 
whatfoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of 
his  protection,  and  waging  war  againd  us. 

He  has  plundered  our  Peas,,  ravaged  our  coafts,  burnt  our 
towns,  and  deftroyed  the  lives  of  our  people. 

Fie  is,  at  this  time,,  tranfporting  large  armies  of  foreign 
mercenaries,  to  complete  the  works  of  death,  defolation,  and 
tyranny,  already  begun,,  with  circumftances  of  cruelty  and 
perfidy,  fcarcely  paralleled  in  the  mod  barbarous  ages,  and 
totally  unworthy  the  head  of  a  civilized  nation. 

He  has  conftrained  our  fellow  citizens,  taken  captive  on 
the  high  feas,  to  bear  arms  againft  their  country,  to  become 
the  executioners  of  their  friends  and  brethren,  or.  to  fall  them- 
felves  by  their  hands. 

He  has  excited  domeftic  infurreClions  amongft  us,  and  has 
endeavoured  tabling  on  the  inhabitants  of  our  frontiers,  the 
mercilefs  Indian  favages,  whofe  known  rule  of  warfare  is  an 
undid inguifhed  deft  radio n  of  all  ages,  fexes*  and  conditions. 


vm 


DECLARATION  OB' 


In  every  Bage  of  thefe  oppreflions,  we  have  petitioned  for 
red  refs,  in  the  moft  humble  terms :  our  repeated  petitions  have 
been  anfwered  only  by  repeated  injury,  A  prince  whole 
character  is  thus  marked,  by  every  ad,  which  may  define  a 
tyrant,  is  unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  Britifh  bre¬ 
thren.  We  have  warned  them,  from  time  to  time,  of  at¬ 
tempts  made  by  their  Legislature,  to  extend  an  unwarrantable 
jurifbidion  over  us.  We  have  reminded  them  of  tire  circum- 
Hances  of  our  emigration  and  fettlement  here.  We  have  ap- 
pealeu  to  their  native  juftice  and  magnanimity,  and  we  have 
conjured  them,  by  the  ties  of  our  common  kindred,  to  dif- 
avow  thefe  usurpations,  which  would  inevitably  interrupt  our 
conncdions  and  correfpondence.  They,  too,  have  been  deaf  to 
the  voice  of  j  ullice  and  of  confanguinity.  We  muff,  therefore, 
acquiefce  in  the  neceflity,  which  denounces  our  reparation, 
arid  hold  them,  as  we  hold  the  reH  of  mankind — enemies  in 
war; — in  peace,  friends. 

We,  therefore,  the  Reprefentatives  of  the  United  States  of 
America,  in  General  Congrefs  afTembled,  appealing  to  the 
Supreme  Judge  of  the  world,  for  the  reditude  of  our  inten¬ 
tions, ’Do,  in  the  name  and  by  the  authority  o;  the  good  peo¬ 
ple  of  thefe  colonies,  folemnly  publifh  and  declare,  that  thefe 
United  Colonies  are,  and,  of  right,  ought  to  be  free,  and 
independent  {fates: — that  they  are  abfolved  from  all  allegi¬ 
ance  to  the  Britifh  crown,  and  that  all  political  connexion,  be¬ 
tween  them  and  the  ftate  of  Great  Britain,  is  and  ought  to 
be  totally  diffolved  ;  and  that,  as  free  and  independent  Hates, 
they  have  full  power  to  levy  war,  conclude  peace,  contrad 
alliances,  eifabUfh  commerce,  and  to  do  all  other  ads  and 
things  which  independent  Hates  may  of  right  do.  And  for  the 
fnpport  of  this  declaration,  with  a  firm  reliance  on  the  pro- 
tedion  of  Divine  Providence,  we  mutually  pledge  to  each 
other  our  lives,  our  fortunes,  and  our  facred  honour. 

Signed  by  order  and  in  behalf  of  the  Congrefs, 

JOHN  HANCOCK,  Prefident. 

Attefled. 

Charles  Thomson,  Secretary. 

New  -  II a  7n pjb  i  re . 

jofiah  Bartlett,  William  Whipple,  Matthew  Thornton. 


INDEPENDENCE. 


Mqffachufetls-  Bay, 
Samuel  Adams, 

John  Adams, 

Robert  Treat  Paine, 
Elbridge  Gerry. 

Rhode -IJland ,  tBc, 
Stephen  Hopkins, 
William  Ellery. 

Connecticut, 
Roger  Sherman, 

Sam  lei  Huntington, 
William  Williams, 
Oliver  Wolcott. 

New -York, 
William  Floyd, 

Philip  Li.ingfton, 
Francis  Lewis, 

Lewis  Morris. 

New-Jerfey,. 
Richard  Stockton, 

John  Witherfpoon, 
Francis  Hopkinfon, 

John  Hart, 

Abraham  Clark. 

Pennfylroania .. 
Robert  Morris, 

Benjamin  Rufh, 

Benjamin  Franklin,  h  * 
John  Mortor,. 

George  Clymer, 

James  Smith, 

George  Taylor, 


James  Wilfon, 

George  Rofs. 

Del  aw  a  re, 

CaTar  Rodney, 

George  Read. 

Maryland . 

Samuel  Chafe, 

William  Paca, 

Thomas  Stone, 

Charles  Carroll,  of  Carrollto'8 
Virginia, 

George  Wythe, 

Richard  Henry  Lee, 

Thomas  Jefferfon, 

Benjamin  Harrifon, 

Thomas  Nelfon,  j  un. 

Francis  Lightfoot  Lee, 

Carter  Braxton. 

No  rth  -  C  a  roll  n  a ; 
William  Hooper, 

Jofeph  Hewes, 

John.  Peen. 

S  outh  -Ca  rol'ma, 
Edward  Rutledge, 

Thomas  Heyward,  jun. 
Thomas  Lynch,  jun. 

Arthur  Middleton. 

Georgia, 

Button  Gwinnett, 

Lyman  Hall, 

George  Walton, 


X 


CONSTITUTION  OF  THE 


UNITED  STATES. 

CI he  CONSTITUTION  framed  for  the  United  States  of 
America ,  by  a  Convention  of  Deputies  from  the  fates  of 
Nevj-HampJhire ,  Maffachufetts,  Connecticut,  New-  York, 
Neva -fa fey ,  Fennfylvania ,  Delaware,  Maryland ,  Virginia , 
N  orth-Carolina ,  South -Carolina ,  and  Georgia ,  at  *z  feffioii 
hi  gun  May  2y,  and  ended  September  I  7,  1787. 

WE,  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  edablifh  judice,  infure  domef- 
r.ic  tranquillity,  provide  for  the  common  defence,  promote  the 
general  welfare,  and  fecure  the  Meltings  of  liberty  to  our- 
felves  and  our  poderity,  do  ordain  and  edablifh  this  condi- 
Union  for  the  United  States  of  America. 


ARTICLE  I.  Section  I. 

All  legiilative  powers  herein  granted,  (hall  be  vefted  in  a 
Congrefs  of  the  United  States,  which  (hall  confid  of  a  Senate 
and  Houfe  of  Reprefentatives. 


Section  II. 

I.  The  Houfe  of  Reprefentatives  fhalFcondft  of  Members 
chofen  every  fecond  year,  by  the  people/of  the  feveral  dates  : 


and  the  electors  in  each  Hare,  ih all 


ve  the  qualifications 
erous  branch  of  the 


tative,  who  (hall  not 
-five  years,  and  been 
ates  ;  and  who  fhall 
t  date  in  which  he 


reuuidte  for  electors  of  the  mod 

* 

date  Legiilature. 

II.  No  perfon  fhall  be  a  Repref 
have  attained  to  the  age  of  twenty 
feven  years  a  citizen  ofythe  Unit 
not,  when  elected,  be  ^m/inhabitant 
fnall  be  chofen.  ^ 

III.  Reprefentatives  and  direct  taxes,  fhall  uesapportioned 
among  the  feveral  dates,  whi<nTrp£y  be  included  within  this 
onion,  according  to  their  fCfpeftTve  numbers,  wTTfCtT fhall  be 
determined  by  adding  to  the  whole  number  of  free  perfons, 
including  thofe  bound  to  fervicc  for  a  term  of  years,  and 
excluding  Indians  not  taxed,  three-fifths  of  all  other  perfons. 
The  actual  enumeration  fnall  be  made  within  three  years 
after  the  fird  meeting  of  the  Congrefs  of  the  United  States  ; 
and  within  every  fubfequent  term  of  ten  years,  iafuchman- 


UNITED  STATES. 


xi 


tier  ?s  they  fhall  by  law,  direft.  The  number  of  Reprefen., 
tatives  fhall  not  exceed  one  for  every  thirty  thoufand  :  bu$k 
each  date  fhall  have  at  lead:  one  Reprefentative  :  and,  until  ^ 
fuch  enumeration  (hall  be  made,  the  ftate  of  New-Hampfhire 
fhall  be  entitled  to  choofe  three;  Maffachufetts  eight; 
Rhede-Ifland  and  Providence  Plantations  one  ;  Connecticut 
five  ;  New- York  fix  ;  New  Jerfey  four  ;  Pennfylvania  eight ; 
Delaware  one  ;  Maryland  fix  ;  Virginia  ten;  North-Carolina 
five  ;  South-Carolina  five  ;  and  Georgia  three. 

IV.  When  vacancies  happen  in  the  reprefentation  from  any' 
ftate,  the  executive  authority  thereof  fhall  iiTue  writs  of 
elections  to  fill  fuch  vacancies. 

V.  The  Houfeof  Reprefentatives  fhall  choofe  their  Speaker 
and  other  officers ;  and  fhall  have  the  foie  power  of  impeach¬ 
ment. 


Section  III. 

I.  The  Senate  of  the  United  States  fhall  be  compofed  of 
two  Senators  from  each  ftate,  chofen  by  the  Legiflature 
thereof,  for  fix  years  :  and  each  Senator  fhall  have  one  vote. 

II.  Immediately  after  they  fhall  be  afTembled,  in  confe- 

cjuence  of  the  firft  election,  they  fhall  be  divided,  as  equally 
as  may'  be,  into  three  claffes.  The  feats  of  the  Senators  of 
the  firft  clafs  fhail  be  vacated  at  the  expiration  of  the  fecond 
year;  of  the  fccond  clafs,  at  the  expiration  of  the  fourth 
year  ;  and  of  the  third  clafs,  at  the  expiration  of  the  fixth 
year  ;  fo  that  one  tjwrd  may  be  chofen  every  fecond  year. 
And  if  vacancies  hap^lfr.,  by  refignalion  or  otherwife,  during 
the  recefs  of  the  Leliflature  of  any  ftate,  the  executive 
thereof  may  make  temporary  appointments  until  the  next 
meeting  of  the  Legiflature,  which  fhall  then  fill  fuch  va¬ 
cancies.  .. 

III.  No  perfon  fnall  be  a  Senator,  who  fhall  not  have 
attained  to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States;  and  who  fhall  not,  when  elected 
be  an  inhabitant  of  that  ftate  for  which  he  fhail  be  chofen. 

IV.  The  Vice-Prefident  of  the  United  States  fhall  be 
Prefident  of  the  Senate  ;  but  fhall  have  no  vote  unlefs  they 
be  equally  divided. 

V.  The  Senate,  fliall  choofe  their  other  officers,  and  alfo 
a  Prefident  pro-tempore;  in  the  abfence  of  the  Vice-Prefident,, 


xu  CONSTITUTION  OF  THE 

or  when  he  fhall  exercife  the  office  of  Prefident  of  the  United 
otates. 

VI.  The  Senate  (hall  have  the  foie  power  to  try  all  im¬ 
peachments.  When  fitting  for  that  purpofe,  they  fnall  be  on 
oath  or  affirmation.  When  the  Prefident  of  the  United  States 
is  tried,  the  Chief  Juftice  fhall  prefide  :  and  no  petfon  fhal I 
be  convi&ed,  without  the  concurrence  of  two-thirds  of  the 
members  prefent. 

VII.  Judgment,  in  cafes  of  impeachment,  (hall  not  extend 
further  than  to  removal  from  office,  and  difqualification  to 
hold  and  enjoy  any  office  of  honour,  truft,  or  profit,  under 
the  United  States.  But  the  party  convi&ed  fhal),  neverthelcfs, 
be  liable  and  fu'njeft  to  indiftment,  trial,  judgment,  and 
puniihment  according  to  law. 

Section  IV. 

I.  The  times,  places,  and  manner  of  holding  elefrions  for 
Senators  and  Reprefentatives,  fhall  be  prefcribed  in  each  ftate 
by  the  Legifiature  thereof :  but  the  Congrefs  may,  at  any 
time,  by  law,  make  or  alter  fuch  regulations,  except  as  to 
the  places  of  choofing  Senators. 

II.  The  Congrefs  (hall  affemble  at  lead  once  in  every 
year;  and  fuch  meeting  fhall  be  on  the  firft  Monday  in 
December,  unlefs  they  fhall  by  law  appoint  a  different  day. 

Section  V. 

I.  Each  Houfe  {hall  be  the  judge  of  the  ele&ions,  returns 
and  qualifications  of  its  own  members  ;  and  a  majority  of 
each  fnall  conftitute  a  quorum  to  do  bufinefs  :  but  a  fmaller 
number  may  adjourn  from  day  to  day,  and  may  be  authorized 
to  compel  the  attendance  of  abfent  members,  in  fuch  manner, 
and  under  fuch  penalties  as  each  Houfe  may  provide. 

II.  Each  Houfe  may  determine  the  rules  of  its  proceedings ; 
punifh  its  members  for  diforderly  behaviour  ;  and,  with  the 
concurrence  of  two-thirds,  expel  a  member. 

HI.  Each  Houfe  fhall  keep  a  journal  of  its  proceedings  ; 
and,  from  time  to  time,  pcblilh  the  fame,  excepting  fuch  parts 
as  may  in  their  judgment  require  fecreey  :  and  the  yeas  and 
nays,  of  the  members  of  either  Houfe,  on  any  queftion,  fhall, 
at  .the  defire  of  one-fifth  of  thofe  prefent,  be  entered  on  the 
journal. 


UNITED  STATES. 


Xlil 


IV.  Neither  Houfe,  during  the  feiTion  of  CongrefV  final!, 
without  the  confent  of  the  other,  adjourn  tor  more  than  three 
days,  nor  to  any  other 
Houfes  {hall  be  fitting. 

Section  VI. 

I.  The  Senators  and  Reprefentatives  fhall  receive  a  com- 
penfation  for  their  fervices,  to  be  afcertained  by  law,  and 
paid  out  of  the  treafury  of  the  United  States.  They  fhall,  in 
all  cafes,  except  treafon,  felony,  and  breach  of  the  peace,  be 
privileged  from  arreft,  during  their  attendance  at  the  fefiion 
of  their  refpeftive  Houfes,  and  in  going  to,  and  returning 
from  the  fame  :  and  for  any  fpeech  or  debate  in  either  Iioufe, 
they  fhall  not  be  queflioned  in  any  other  place. 

II.  No  Senator  or  Pveprefentative  fhall,  during  the  time 
for  which  he  was  eieCled,  be  appointed  to  any  civil  office, 
under  the  authority  of  the  United  States,  which  fnall  have 
been  created,  or  the  emoluments  of  which  fnall  have  been 
increafed,  during  fuch  time  :  and  no  perfon,  holding  any 
office  under  the  United  States,  fhall  be  a  member  of  either 
Houfe,  during  his  continuance  in  office. 

Section  VII. 

I.  All  bills,  for  railing  revenue,  fhall  originate  in  the 
Houfe  of  Reprefentatives  :  but  the  Senate  fhall  propofe  or 
concur  with  amendments,  as  on  other  bills. 

II.  Every  bill,  which  fhall  have  paffed  the  Houfe  of  Re¬ 
prefentatives  and  the  Senate,  fhall,  before  it  become  a  law, 
be  prefented  to  the  Prefident  of  the  United  States.  If  he 
approve,  he  fhall  fign  it :  but  if  not,  he  fhall  return  it,  with 
his  objections,  to  that  Houfe,  in  which  it  fhall  have  origi¬ 
nated,  whofhail  enter  the  objections  at  large  on  their  journal* 
and  proceed  to  reconfider  it.  If,  after  fuch  reconfideration,  two- 
thirds  of  that  Houfe  fhall  agree  to  pafs  the  bill,  it  fhall  be 
fent,  together  with  the  objections,  to  the  other  Houfe,  by 
which  it  ihall  likewife  be  reeonfidered  :  and,  if  approved  by 
two-thirds  of  that  Houfe,  it  fhall  become  a  law.  But,  in  all 
fuch  cafes,  the  votes  of  both  Houfes  fhall  be  determined  by 
yeas  and  nays  :  and  the  names  of  the  perfcns  voting  for 
and  again!!  the  bill,  fhali  be  entered  on  the  journal  of 
each  Houfe  refpeCtiveiy.  If  any  bill  fhall  not  be  returned  by 


place  than  that  in  which  the  two 


XlV 


CONSTITUTION  OF  THE 


Ere^denf,  within  t6n  days  (Sundays  excepted)  after  it 
.•{hall  have  been  puff  y.',..d  to  him,  the  fame  (hall  be  a  law,  in 
like  manner  as  if  he  had  ligned  it,  unlefs  the  Congrefs,  by 
their  adjournment,  prevent  its  return  ;  in  which  cafe  it  fhall 
not  be  a  law. 

III.  Every  order,  refolution,  or  vote,  to  which  the.  con¬ 
currence  of  the  Senate  and  Houfe  of  Reprefentatives  may  be 
neceffary  (except  on  a  queftion  of  adjournment)  fhall  be  pre- 
fented  to  the  Prefident  of  the  United  States  ;  and,  before 
the  fame  fhall  take  effect,  be  approved  by  him;  or,  being 
difapproved  by  him,  fhall  be  repaffed  by  two-thirds  of  both 
Houfes,  according  to  the  rules  and  limitations  prefcribed  in 
the  cafe  of  a  bill. 

.  ■  —a,. 

Section  VIII. 

The  Congrefs  fhall  have  power — 

I.  To  lay  and  colleft  taxes,  duties,  impofls,  and  excifes,  to 
pay  the  debts,  and  provide  for  the  common  defence,  and  gene¬ 
ral  welfare  of  the  United  States  :  but  all  duties,  impofls,  and 
excifes,  fhall  be  uniform  throughout  the  United  States. 

II.  To  borrow'  money  on  the  credit  of  the  United  States. 

III.  To  regulate  commerce  with  foreign  nations,  and 
among  the  feveral  ftates,  and  with  the  Indian  tribes. 

IV.  To  eflablifh  an  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  fubjef!  of  bankruptcies,  throughout  the 
United  States. 

V.  To  coin  money  ;  regulate  the  value  thereof,  and  of 
foreign  coin  ;  ;  n  1  fix  the  flandardof  weights  and  meafureis. 

VI.  To  provide  for  the  punifhment  of  counterfeiting  the 
fecurities  and  current  coin  of  the  United  States.’ 

VII.  To  eflablifh  poll  offices  and  poll  roads. 

VIII.  To  promote  the  progrefs  of  fcience  and  ufeful  arts, 
by  fecuring  for  limited  times,  to  authors  and  inventors,  the 
exciulive  right  to  their  refpedive  writings  and  difcoveries.  j 

IX.  To  conftitute  tribunals  inferior  to  the  Supreme  Court. 

X.  To  define  and  punifn  piracies  and  felonies  committed  on 
the  high  feas,  and  offences  againfl  the  law  of  nations. 

XI.  To  declare  war  ;  grant  letters  of  marque  and  reprifal; 
and  make  rules  concerning  captures  on  land  and  water. 

XII.  To  raife  and  fupport  armies.  But  no  appropriation 
of  money  for  that  ufe,  fhall  be  for  a  longer  term  than  two 
years. 


UNITED  STATES. 


xv 


XIII.  To  provide  and  maintain  a  navy. 

XIV.  To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces. 

XV.  To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  union,  lupprefs  infurreCtions,  and  repel  in- 
v  aliens. 

XVI.  To  provide  for  organizing,  arming,  and  difeiplining 
the  militia,  and  for  governing  fuch  part  of  them  as  may  be 
employed  in  the  fervice  of  the  United  States;  referving  to 
the  Hates  refpedively  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  difeipline 
prescribed  by  Congrefs. 

XVII.  To  exercife  exclufive  legiflation,  in  all  cafes  what- 
foever,  over  fuch  diHrift  (not  exceeding  ten  miles  fquare)  as 
may,  by  ceffion  of  particular  Hates,  and  the  acceptance  of 
Corgrefs,  become  the  feat  of  the  government  of  the  United 
States  ;  and  to  exercife  like  authority  over  all  places  pur- 
chafed  by  the  confent  of  the  Legiilature  of  the  Hate  in  which 
the  fame  fhall  be,  lor  the  erection  of  forts,  magazines,  arfe- 
nals,  dock-yards,  and  other  needful  buildings  ;  and 

XVIII.  To  make  all  laws,  which  fhall  be  neceffary  and 
proper  for  carrying  into  execution  the  foregoing  powers,  and 
2 11  other  powers  veHcd  by  this  conHitution  in  the  government 
of  the  United  States,  or  in  any  department  or  officer  thereof. 

Section  IX. 

T.  The  migration  or  importation  of  fuch  perfons,  as  any 
of  the  Hates  now  exilling  (hall  think  proper  to  admit,  fhall 
not  be  prohibited  by  the  Congrefs,  prior  to  the  year  one 
thoufand  eight  hundred  and  eight  ;  but  a  tax  or  duty  may 
be  impofed  on  fuch  importation,  not  exceeding  ten  dollars 
for  each  perfon. 

II.  The  privilege  of  the  writ  of  habeas  corpus  fhall  not 
be  fufpended,  unlefs  when,  in  cafes  of  rebellion  or  invafion, 
the  public  fafety  may  require  it. 

III.  No  bill  of  attainder  or  ex  poH  fa&o  law  fhall  be 
palled. 

IV.  No  capitation  or  other  direct  tax  fhall  be  laid,  unlefs 
in  proportion  to  the  cenfus  or  enumeration  herein  before 
directed  to  be  taken. 


XVI 


CONSTITUTION  OF  THE 


V.  No  tax  or  duty  fliall  be  laid  on  articles  exported  from 
any  date.  No  preference  fhall  be  given,  by  any  regulation  of 
commerce  or  revenue,  to  the  ports  of  one  date,  over  thofe  of 
another:  nor  fhall  vedels,  bound  to  or  from  one  date,  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

VI.  No  money  lhall  be  drawn  from  the  treafury,  but  in 
confequence  of  appropriations  made  by  law  ;  and  a  regular 
datement  and  account  of  the  receipts  and  expenditures  of  all 
public  money  (hall  be  publifhed  from  time  to  time. 

VIJ.  No  title  of  nobility  lhall  be  granted  by  the  United 
States  :  And  no  perfon,  holding  any  office  of  profit  or  trufl 
under  them,  fhall,  without  the'eonfent  of  Congrefs,  accept  of 
any  prefent,  emolument,  office  or  title,  of  any  kind  whatever, 
from  any  king,  prince,  or  foreign  date. 

Section  X. 

I.  No  date  fhall  enter  into  any  treaty,  alliance  or  confe¬ 
deration  ;  grant  letters  of  marque  and  repriffil ;  coin  money; 
emit  bills  of  credit  ;  make  any  thing  but  gold  and  filver  coin 
a  tender  in  payment  of  debts  ;  pais  any  bill  of  attainder,  ex 
pod  fa&o  law,  or  law  impairing  the  obligation  of  contra&s, 
or  grant  any  title  of  nobility. 

II.  No  date  fhall,  without  the  confent  of  Congrefs,  lay  any 
impods  or  duties  on  imports  er  exports,  except  what  may  be 
abfolutely  neceflary  for  executing  its  infpe&ion  laws  ;  and  the 
net  produce  of  all  duties  and  impods  laid  by  any  date,  on 
imports  or  exports,  fliall  be  for  the  ufe  of  the  treafury  of  the 
United  States  ;  and  all  fuch  laws  lhall  be  fubjeft  to  the  revi- 
fion  and  control  of  the  Congrefs.  No  dat?  lhall,  without  the 
confent  of  Congrefs,  lay  any  duty  on  tonnage,  keep  troops, 
or  fliips  of  war,  in  time  of  peace,  enter  into  any  agreement  or 
compadf  with  another  date,  or  with  a  foreign  power,  or  en¬ 
gage  in  war,  unlefs  actually  invaded,  or  in  fuch  imminent 
danger  as  w  ill  not  admit  of  delay. 

ARTICLE  II.  Section  I. 

I.  The  executive  power  fhall  be  veded  in  a  Prefident  of 
the  United  States  of  America.  He  fhall  hold  his  office  during 
the  term  of  four  years,  and,  together  with  the  Vice- Prefident, 
chofen  for  the  fame  term,  be  eleclecbas  follows : 


UNITED  STATES. 


xvii 

II.  Each  flate  (hall  appoint,  in  fuch  manner  as  the  Legif- 
lature  thereof  may  direct,  a  number  of  electors,  equal  to  the 
whole  number  of  Senators  and  Reprefentatives,  to  which  the 
ftate  may  be  entitled  in  the  Congrefs.  Rut  no  Senator,  or 
Reprefentative,  or  perfon  holding  any  office  of  truft  or  profit, 
under  the  United  States,  fhall  be  appointed  an  elector. 

III.  The  electors  fhall  meet  in  their  refpeflive  hates,  and 
vote  by  ballot  for  two  perfons,  of  whom  one,  at  leaft,  (hall 
not  be  an  inhabitant  of  the  fame  ftate  with  themfelves.  And 
they  fhall  make  a  lift  of  all  the  perfons  voted  for,  and  of  the 
number  of  rotes  for  each  ;  which  lift  they  fhall  fign  and  cer¬ 
tify,  and  tranfmit  fealed  to  the  feat  of  the  government  of  the 
United  States,  directed  to  the  Prefident  of  the  Senate.  The 
Prefident  of  the  Senate  fhall,  in  the  prefence  of  the  Senate 
and  Houfe  of  Reprefentatives,  open  all  the  certificates,  and 
the  votes  fhall  then  be  counted.  The  perfon  having  the  greateft 
number  of  votes  fhall  be  the  Prefident,  if  fuch  number  be  a 
majority  of  the  whole  number  of  electors  appointed  ;  and  if 
there  be  more  than  one  who  have  fuch  majority,  and  have  an 
equal  number  of  votes,  then  the  Houfe  of  Reprefentatives 
fhall  immediately  choofe  by  ballot  one  of  them  for  Prefident  : 
and  if  no  perfon  have  a  majority,  then,  from  the  five  higheft 
on  the  lift,  the  faid  Houfe  fhall  in  like  manner  choofe  the 
Prefident.  But  in  cnoofing  the  Prefident,  the  votes  fhall  be 
taken  by  ftates,  the  reprefentation  from  each  ftate  having 
one  vote  :  a  quorum  for  this  purpofe  fhall  confift  of  a  mem¬ 
ber  or  members  from  two-thirds  of  the  ftates :  and  a  majoriry 
of  all  the  ftates  fhall  be  neceftary  to  a  choice.  In  every  cafe 
after  the  choice  of  the  Prefident,  the  perfon  having  the 
greateft  number  of  votes  of  the  ele&ors,  fhall  be  the  Vice- 
Prefident.  But  if  there  fhould  remain  two  or  more,  who  have 
equal  votes,  the  Senate  fhall  choofe  from  them,  by  ballot,  the 
Vice-Prefident. 

IV.  The  Congrefs  may  determine  the  time  of  choofing 
the  eleftors,  and  the  day  on  which  they  fhall  give  their  votes; 
which  day  fhall  be  the  fame  throughout  the  United  States. 

V.  No  perfon,  except  a  natural  born  citizen,  or  a  citizen 
of  the  United  States,  at  the  time  of  the  adoption  of  this 
conftitution,  fhall  be  eligible  to  the  office  of  Prefident.  Nei¬ 
ther  fhall  any  perfon  be  eligible  to  that  office,  who  fhall  net 

b 


Kviii  CONSTITUTION  OF  Tilff 

have  attained  to  the  age  of  thirty-five  years,  and  been  four¬ 
teen  years  a  refident  within  the  United  States. 

VI.  In  cafe  of  the  removal  of  the  Prefident  from  office,  or 
of  his  death,  refignation,  or  inability  to  difcharge  the  powers 
and  duties  of  the  faid  office,  the  fame  (hall  devolve  on  the 
Vice-Prefident  ;  and  the  Congrefs  may,  by  law,  provide  for 
the  cafe  of  removal,  death,  refignation.  or  inability,  both  of 
the  Prefident  and  Vice-Prefident,  declaring  what  officer  fhall 
then  aft  as  Prefident  i  and  fuch  officer  fhall  aft  accordingly, 
until  the  difability  be  removed,  or  a  Prefident  fhall  be  elefted. 

VII.  The  Prefident  fhall,  at  flated  times,  receive  for  his 
fervices,  a  compenlation,  which  fhall  neither  be  increafed  nor 
diminifhed,  during  the  period  for  which  he  {hall  have  been 
elefted  :  and  he  fhall  not  receive,  within  that  period,  any 
other  emolument  from  the  United  States,  or  any  of  them. 

VIII.  Before  he  enter  on  the  execution  of  liis  office,  he 
fhall  take  the  following  oath  or  affirmation  : 

“  I  do  folemnly  fwear  (or  affirm)  that  X  will  faithfully 
u  execute  the  office  of  Prefident  of  the  United  States ;  and 
6C  will,  to  the  befl  of  my  ability,  preferve,  proteft,  and 
€(  defend  the  conftitution  of  the  United  States. ** 


Section  II. 

I.  The  Prefident  fhall  be  Commander  in  Chief  of  the  army 
and  navy  of  the  United  States,  and  of  the  militia  of  the 
feveral  dates,  when  called  into  the  aftual  fervice  of  the  United 
States.  He  may  require  the  opinion,  in  writing,  of  the  prin¬ 
cipal  officers  in  each  of  the  executive  departments,  upon  any 
fubjeft  relating  to  the  duties  of  their  refpeftive  offices  :  and 
he  fhall  have  power  to  grant  reprieves  and  pardons,  for 
offences  again!!  the  United  States,  except  in  cafes  of  im¬ 
peachment. 

II.  He  fhall  have  power,  by  and  with  the  advice  and  con- 
fent  of  the  Senate,  to  make  treaties,  provided  two-thirds  of 
the  Senators  prefent  concur:  and  he  fhall  nominate,  and  by 
and  with  the  advice  and  confent  of  the  Senate,  fhall  appoint 
Ambaffadcrs,  other  public  minifters  and  Confuls,  Judges  of 
the  Supreme  Court,  and  all  other  officers  of  the  United  States, 
whofe  appointments  are  not  herein  otherwife  provided  for, 
and  which  fhall  be  eftablifhed  by  law.  But  the  Congrefs  may, 
by  law,  veil  the  appointment  of  fuch  inferior  officers,  as  they 


UNITED  STATES. 


xix 


think  proper,  in  the  President  alone,  in  the  courts  of  law,  or 
in  the  heads  of  departments. 

III.  The  Prefident  (hall  have  power  to  fill  up  all  vacancies 
that  may  happen,  during  the  recefs  of  the  Senate,  by  granting 
commiffions,  which  fhall  expire  at  the  end  of  their  next 
feffion. 

Section  III. 

He  {hall,  from  time  to  time,  give  to  the  Congrefs  inform¬ 
ation  of  the  Hate  of  the  union  ;  and  recommend  to  their  con- 
^deration  fuch  meafures  as  he  {hall  judge  necdfary  and  expe¬ 
dient.  He  may,  on  extraordinary  occafions,  convene  both 
Houfes,  or  either  of  them  y  and,-  in  cafe  of  difagreeraent 
between  them,  with  refpedl  to  the  time  of  adjournment,  he 
may  adjourn  them  to  fuch  time  as  he  {hall  think  proper.  He 
fnall  receive  ambaffadors  and  other  public  minifters.  He  {hall 
take  care  that  the  laws  be  faithfully  executed  :  and  {hail 

J  J 

commiffion  all  the  officers  of  the  United  States. 


Section  IV. 

The  Prefident,  Vice-Prefident,  and  all  civil  officers  of  the 
United  States,  fliall  be  removed  from  office,  on  impeachment 
for,  and  convi&ion  of,  treafon,  bribery,  or  other  high  crimes 
and  mifdemeanors. 


ARTICLE  III.  Section  I. 

The  judicial  power  of  the  United  States  fhall  be  veiled  in 
one  Supreme  Court,  and  in  fuch  inferior  courts,  as  the  Con¬ 
grefs  may,  from  time  to  time,  ordain  and  efiablifh.  The 
Judges,  both  of  the  Supreme  and  Inferior  Courts,  {hall  hold 
their  offices  during  good  behaviour  ;  and  fliall,  at  ftated  times, 
receive  for  their  fiervices,  a  compenfation,  which  fliall  not  be 
diminiihed  during  their  continuance  in  office. 

Section  II. 

I.  The  judicial  power  fhall  extend  to  all  cafes,  in  law  and 
equity,  arifing  under  this  conflitution,  the  laws  of  the  United 
States,  and  treaties  made,  or  which  fliall  be  made,  under  their 
authority;  to  all  cafes  affedting  ambaffadors,  other  public 
minifters,  and  confuls ;  to  all  cafes  of  admiralty  and  mari¬ 
time  jurisdiction  ;  to  controverftes  to  which  the  United  States 


XX 


CONSTITUTION  OF  THE 


(hall  be  a  party,  to  controverfies  between  two  or  more  dates, 
/between  a  date  and  citizens  of  another  date,  between  citi- 
^  zens  of  different  dates,  between  citizens  ©f  the  fame  flate 
claiming  lands  under  grants  of  different  dates,  and  between  a 
date,  or  the  citizens  thereof,  and  foreign  dates,  citizens,  or 
fubjefts. 

II.  In  all  cafes,  affecting  ambadhdors,  other  public  minif- 
ters,  and  confuls,  and  thofe  in  which  a  date  fhall  be  a  party, 
the  Supreme  Court  fhall  have  original  jurifdiftion.  In  all  the 
other  cafes  before  mentioned,  the  Supreme  Court  fhall  have 
appellate  jurifdidtion,  both  as  to  law  and  faff,  with  fuen 
exceptions,  and  under  fuch  regulations,  as  the  Congrefs  fhall 
make. 

III.  The  trial  of  all  crimes,  except  in  cafes  of  impeach¬ 
ment,  fhall  be  by  jury  ;  and  fuch  trial  fhall  be  held  in  the 
date  where  the  faid  crimes  fhall  have  been  committed;  but 
when  not  committed  within  any  date,  the  trial  fhall  be  at 
fuch  place  or  places,  as  the  Congrefs  may  by  law  have 
directed. 


Section  III. 

I.  Treafon  againd  the  United  States  fhall  confid  only  in 
levying  war  againd  them,  or  in  adhering  to  their  enemies, 
giving  them  aid  and  comfort.  No  perfon  fhall  be  convided 
of  treafon  unlefs  on  the  tedimony  of  two  witneffes  to  the 
fame  overt  aft,  or  on  confefdon  in  open  court. 

II.  The  Congrefs  fnall  have  power  to  declare  the  punifh- 
ment  of  treafon  ;  but  no  attainder  of  treafon  fhall  work  cor¬ 
ruption  of  blood,  or  forfeiture,  except  during  the  life  of  the 
perfon  attainted. 

ARTICLE  IV.  Section  I. 

Fall  faith  and  credit  fhall  be  given,  in  each  date,  to  the 
public  afts,  records,  and  judicial  proceedings  of  every  other 
date.  And  the  Congrefs  may,  by  penal  laws,  preferibe  the 
manner  in  which  fuch  afts,  records,  and  proceedings  fhall  be 
proved  and  the  effect  thereof. 

Section  II. 

I.  The  citizens  of  each  date  fhall  be  entitled  to  all  the 
privileges  and  immunities  of  citizens  in  the  feveral  dates. 


UNITED  STATES. 


y.y* 


II.  A  perfon  charged  in  any  flate  with  treafon,  felony, 
cr  other  crime,  who  ftiall  flee  from  juftice,  and  be  found  in 
another  flate,  {hall,  on  demand  of  the  executive  authority  of 
the  flate  from  which  he  fled,  be  delivered  up,  to  be  removed 
to  the  flate,  having  jurifdiclion  of  the  crime. 

III.  No  perfon,  held  to  fervice  or  labour  in  one  flate, 
under  the  laws  thereof,  efcaping  into  another,  (hall,  in  con- 
fequence  of  any  law  or  regulation  therein,  be  difcharged 
from  fuch  fervice  ordabour ;  but  fhali  be  delivered  up  on 
claim  of  the  party  to  whom  fuch  fervice  or  labour  may  be 
due. 


Section  III. 

I.  New  ftates  may  be  admitted  by  the  Congrefs  into  this 
union  ;  but  no  new  flate  fh all  be  formed  or  erected  within  the 
jurifdifticn  of  any  other  flate — nor  any  flate  be  formed  by 
the  junction  of  two  or  more  ftates  or  parts  of  ftates — without 
the  confent  of  the  Legiflatures  of  the  ftates  concerned  as  well 
as  of  the  Congrefs. 

II.  The  Congrefs  fhali  have  power  to  difpofe  of,  and 
make  all  needful  rules  and  regulations  refpefring  the  territory 
©r  other  property  belonging  to  the  United  States :  and  no¬ 
thing  in  this  conftitution  fhali  be  fo  conftrued,  as  to  prejudice 
any  claims  of  the  United  States,  or  of  any  particular  flate. 

Section  IV. 

The  United  States  fhali  guarantee  to  every  flate  in  this 
union,  a  republican  form  of  government;  and  fhali  protect 
each  of  them  againft  invafton,  and  on  application  of  the  Le- 
giflature,  or  of  the  executive  (when  the  Legiflature  cannot  be 
convened)  againft  domeftic  violence. 

ARTICLE  V. 

The  Congrefs,  whenever  two-thirds  of  both  Houfes  fhali 
deem  it  neceffary,  fhali  propofe  amendments  to  this  conftitu¬ 
tion,  or  on  the  application  of  the  Legiflatures  of  two-thirds 
of  the  feveral  ftates,  fhali  call  a  convention  for  propoftng 
amendments,  which,  in  either  cafe,  fhali  be  valid  to  all 
intents  and  purpofes,  as  part  of  this  conftitution,  when  rati¬ 
fied  by  the  Legiflatures  of  three-fourths  of  the  feveral  ftates, 
or  by  conventions  in  three-fourths  thereof,  as  the  one  or  the 


CONSTITUTION  OF  THE 


xxii 

other  mode  of  ratification  may  be  propofed  by  the  Congrefs; 
Provided,  that  no  amendment,  which  may  be  made  prior  to 
the  year  one  thousand  eight  hundred  and  eight,  fha’l  in  any 
manner  affeft  the  firfl  and  fourth  claufes  in  the  ninth  feftion 
of  the  firft  article  ;  and  that  no  ftate,  without  its  confent, 
lhall  be  deprived  of  its  equal  fuffrage  in  the  Senate. 

ARTICLE  VI. 

I.  All  debts  contracted,  and  engagements  entered  into, 
before  the  adoption  of  this  conftitution,  fnall  be  as  valid 
againft  the  United  States,  under  this  conftitution  as  under 
the  confederation. 

II.  This  conftitation,  and  the  laws  of  the  United  States 
which  lhall  be  made  in  purfuance  thereof,  and  all  treaties 
made,  or  which  (hall  be  made,  under  the  authority  of  the 
United  States,  lhall  be  the  fupreme  law  of  the  land,  and  the 
Judges,  in  every  Hate,  lhall  be  bound  thereby,  any  thing  in 
the  conftitution  or  laws  of  any  ftate  to  the  contrary  notwith- 
ftanding. 

III.  The  Senators  and  Repreferstatives  before  mentioned, 
and  the  members  of  the  feveral  ftate  Legiflatures,  and  all 
executive  and  judicial  officers,  both  of  the  United  States  and 
of  the  feveral  ftates,  lhall  be  bound,  by  oath  or  affirmation,  to 
fupport  this  conftitution;  but  no  religious  teft  lhall  ever  be 
required  as  a  qualification  to  any  office  or  public  trgft  under 
the  United  States. 


ARTICLE  VII, 

The  ratification  of  the  conventions  of  nine  ftates  lhall  be 
fufficient  for  the  eftablifhment  of  this  conftitution  between 
the  ftates  fo  ratifying  the  fame. 

Done  in  convention,  by  the  unanimous  confent  of  the  ftates 
prefent,  the  fevenieenth  day  of  September,  in  the  year 
of  our  Lord  one  thoufand  feven  hundred  and  eighty- 
feven,  and  of  the  Independence  of  the  United  States  of 
America  the  twelfth.  In  witnefs  whereof  we  have  here¬ 
unto  fubfcribed  our  names. 

GEORGE  WASHINGTON,  Prefdent, 

and  Delegate  from  V irgima » 
New- Hampjh  i  re .  Majfachufetts% 

John  Langdon,  Nathaniel  Gorham, 

Nicholas  Gilman,  Rufus  King. 


UNITED 

Connecticut, 

William  Samuel  johnfon, 
Roger  Sherman. 

New  -  York, 
Alexander  Hamilton. 

New-Jerfey. 
William  Livingilon, 

David  Brearley, 

William  Patterfon, 

Jonathan  Dayton. 

Pennfylvania, 
Benjamin  Franklin, 

Thomas  Mifflin, 

Robert  Morris, 

George  Clymer, 

Thomas  Fitzlimons, 

Jared  Ingerfoll, 

James  Wilfon, 

Gouverneur  Morris. 

Delaware , 

George  Reed, 

Gunning  Bedford,  junior, 

Atteft.  WI 


STATES.  xxiii 

John  Dickinfon, 

Richard  Ballet, 

Jacob  Broom. 

Maryland, 

James  M ‘Henry, 

Daniel  of  St.  Thomas  Jenifer, 
Daniel  Carrol. 

Virginia , 

John  Blair, 

James  Madifon,  junior. 

North-  Carolina, 
William  Blount, 

Richard  Dobbs  Spaight, 

Hugh  Williamfon. 

South -Carolina, 

John  Rutledge, 

Charles  Cotefworth  Pinckney, 
Charles  Pinckney, 

Pierce  Butler. 

Georgia, 

William  Few, 

Abraham  Baldwin. 

AM  JACKSON,  Secretary, 


AMENDMENTS. 

The  following  ARTICLES  in  addition  tof  and  amendment  of, 
the  Confutation  of  the  United  States ,  having  been  ratified  by 
the  Legijlatures  of  nine  JlateSy  are  equally  obligatory  with 
the  Conjlitution  itfelf, 

I.  CONGRESS  iliall  make  no  law  refpedting  an  eftablifh- 
ment  of  religion,  or  prohibiting  the  free  exercife  thereof,  or 
abridging  the  freedom  of  fpeech,  or  of  the  prefs  ;  or  the  right 
of  the  people  peaceably  to  affemble,  and  to  petition  the  go¬ 
vernment  for  a  redrefs  of  grievances. 

II.  A  well  regulated  militia  being  neceflary  to  the  fecu- 
rity  of  a  free  Bate,  the  right  of  the  people  to  keep  and  bear 
arms  (hall  not  be  infringed. 

III.  No  foldier  fhall,  in  time  of  peace,  be  quartered  in 
any  houfe,  without  the  confent  of  the  owner;  nor  in  time  of 
war,  but  in  a  manner  to  be  prefcribed  by  law. 


XXIV” 


AMENDMENTS,  &c. 


IV.  The  right  of  the  people  to  be  fecure  in  their  perfons, 
/  houfes,  papers,  and  effeds,  againft  unreafonable  fearches  and 


feizures,  fhall  nor  be  violated  ;  and  no  warrants  fh all  iffue, 
but  upon  probable  caufe,  fupported  by  oath  or  affirmation — 
and  particularly  defending  the  place  to  be  fearched,  and  the 
perAns  or  things  to  be  fefzed. 

V.  No  perfon  fhall  be  held  to  anfwer  for  a  capital  or 
otherwise  infamous  crime,  unlefs  on  a  prefentment  or  in¬ 
dictment  of  a  grand  jury,  except  in  cafes  arifing  in  the  land 
or  naval  forces,  or  in  the  militia,  when  in  a&ual  fervice,  in 
time  of  war,  or  public  danger  :  nor  fhall  any  perfon  be  fub- 
jed,  for  the  fame  offence,  to  be  twice  put  in  jeopardy  of  life 
or  limb  ;  nor  fhall  be  compelled  in  any  criminal  cafe,  to  be 
vvitnefs  againft  himfelf ;  nor  be  deprived  of  life,  liberty,  or 
property,  without  due  procefs  of  law  :  nor  fhall  private  pro¬ 
perty  be  taken  for  public  life,  without  juft  compenfation. 

VI.  In  all  criminal  profeeutions,  the  accufed  fhall  enjoy 
the  right  to  a  fpeedy  and  public  trial,  by  an  impartial  jury, 
of  the  ftate  and  diftrid,  wherein  the  crime  fhall  have  been 
committed;  which  diftrid  fhall  have  been  previoufly  afeer. 
tained  by  law  ;  and  to  be  informed  of  the  nature  and  caufe 
of  the  accnfation  ;  to  be  confronted  with  the  witneffes  againft 
him;  to  have  compulfory  procefs  for  obtaining  witneffes  in  his 
favour  ;  and  to  have  the  affiftanceof  counfel  for  his  defence. 

VII.  In  fuits  at  common  law,  where  the  value  in  contro- 
verfy,  fhall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
fhall  be  preferved  ;  and  no  fad  tried  by  a  jury,  fhall  be  other- 
wife  re-examined  in  any  court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law. 

VIII.  Exceffive  bail  fhall  not  be  required ;  nor  exceffive  fines 
impofed  ;  nor  cruel  and  unufual  punifhments  infiided. 

IX.  The  enumeration,  in  the  conftitution  of  certain  rights, 
fhall  not  be  conftrued  to  deny  or  difparage  others,  retained  by 
the  people. 

X.  The  powers,  not  delegated  to  the  United  States,  by 
the  conftitution,  nor  prohibited  by  it  to  the  ftates,  are  referv- 
ed  to  the^  ftates  refpedively,  or  to  the  people. 

XI.  The  judicial  power  of  the  United  States  fhall  not  be 
conftrued  to  extend  to  any  fuit  in  law  or  equity,  commenced 
or  profecuted  againft  one  of  the  United  States  by  citizens  of 
another  ftate,  or  by  citizens  or  fubjeds  of  any  foreign  ftate. 


CONSTITUTIONS,  &c 


NEW- HAMPSHIRE. 

The  Conftitution  of  Ne<w~ Hampjh t re,  a s  altered  and  amended 
by  a  Convention  of  Delegates ,  held  at  Concord ,  in  faid  State , 
by  adjournment ,  on  the  fecund  Wednefday  of  February , 
M,DCC,XCII. 

Part  I. 

BILL  OF  RIGHTS. 

Article  I.  \  LL  Men  are  born  equally  free  and  indepen- 
JLjL  dent  :  Therefore,  all  Government.,  of  rights 
originates  from  the  People,  is  founded  in  confent,  and  insti¬ 
tuted  for  the  general  good. 

II.  All  men  have  certain  natural,  efiential,  and  inherent 
rights— among  which  are,  the  enjoying  and  defending  life 
and  liberty  ;  acquiring,  pofleffing,  and  protecting  property  , 
and,  in  a  word,  of  feeking  and  obtaining  happinefs. 

III.  When  men  enter  into  a  ftatc  of  fociety,  they  furren- 
der  up  fome  of  their  natural  rights  to  that  fociety,  in  order  to 
enfure  the  protection  of  others ;  and,  without  fuch  an  equi¬ 
valent,  the  furrender  is  void. 

IV.  Among  the  natural  rights,  fome  are,  in  their  very 
nature,  unalienable,  becaufe  no  equivalent  can  be  given  or 
received  for  them.  Of  this  kind  are  the  Rights  of  Confcience . 

V.  Every  individual  has  a  natural  and  unalienable  right  to 
worfhip  God  according  to  the  dictates  of  his  own  confcience, 
and  reafon  ;  and  no  fubjeCt  fhall  be  hurt,  molefted,  or  re- 
ftrained,  in  his  perfon,  liberty,  or  eftate,  for  worfhipping 
God  in  the  manner  and  feafon  moft  agreeable  to  the  dictates 
of  his  own  confcience,  or  for  his  religious  profeftion,  fenti- 
ments,  or  perfuafion  ;  provided  he  doth  not  difturb  the  pub¬ 
lic  peace,  or  difturb  others  in  their  religious  worlhip. 

VI.  As  morality  and  piety,  rightly  grounded  on  evangeli- 

B 


6 


CONSTITUTION  OF 


cal  principles,  will  give  the  beft  and  greateft  fecurity  to  Go¬ 
vernment,  and  will  lay,  in  the  hearts  of  men,  the  ftrongeft 
obligations  to  due  fubjedion  ;  and  as  the  knowledge  of  thefe 
is  moft  likely  to  be  propagated  through  a  fociety,  by  the  in- 
ftitutiofi  of  the  public  worfhip  of  the  Deity,  and  of  public 
inftrudion  in  morality  and  religion  ;  therefore,  to  promote' 
thofe  important  purpofes,  the  people  of  this  State  have  a  right 
to  empower,  and  do  hereby  fully  empower,  the  Legislature, 
to  authorife,  from  time  to  time,  the  feveral  towns,  parifhes, 
bodies  corporate,  or  religious  focieties,  within  this  State,  to 
make  adequate  provifion,  at  their  own  expenfe,  for  the  fup- 
port  and  maintenance  of  public  Proteftant  teachers  of  piety, 
religion,  and  morality  : 

Provided  not'ivithjland'ing ,  That  the  feveral  towns,  parifhes, 
bodies  corporate,  or  religious  focieties,  {hall,  at  all  times, 
have  the  exclufive  right  of  electing  their  own  public  teachers, 
and  of  contrading  with  them  for  their  fupport  and  mainte¬ 
nance.  And  no  perfon,  of  any  one  particular  religious  fed 
or  denomination,  fhall  ever  be  compelled  to  pay  towards  the 
fupport  of  the  teacher  or  teachers  of  another  perfuafion,  fed, 
or  denomination. 

But  this  fhall  not  be  conftrued  to  free  a  perfon  from  the 
obligation  of  his  own  contrad,  on  his  pretence  of  changing 
his  religious  perfuafion  after  making  the  contrad. 

And  whenever  a  Minifter  is  fettled  by  any  incorporated 
town  or  parifh,  any  perfon  diftfenting  fhall  have  liberty,  either 
at  the  meeting,  or  previous  to  the  ordination  of  the  Minifter, 
or  within  one  month  after  the  vote  obtained  for  his  fettlement, 
to  enter  his  diftent,  with  the  Town  or  Parifh  Clerk,  againft 
paying,  or  contributing  toward  the  fupport  of  fuch  Minifter; 
and  all  minors  who,  after  fuch  fettlement,  fhall  come  of  age, 
and  all  inhabitants  of  fuch  town  or  parifh  who  are  abfent 
from  the  fame  at  the  time  of  fuch  meeting  or  fettlement,  and 
all  perfons  who,  after  fuch  fettlement,  move  into  fuch  town 
or  parifh  to  reftde,  fhall  have  three  months  from  the  time  of 
their  coming  of  full  age,  returning  into  town,  or  moving  in 
to  reftde,  as  aforefaid,  refpedively,  to  enter  their  diftent,  with 
the  Town  or  Parifh  Clerk,  as  aforefaid. 

A.nd  all  perfons  who  do  not  enter  their  diftent,  as  afore¬ 
faid,  fhall  be  bound  by  the  major  vote  of  fuch  town  or  parifh  ; 
and  it  fhall  be  confidered  as  their  voluntary  contrad  ;  but  all 


NEW-HAMPSHIRE.  * 

perfons  who  enter  their  diflent,  as  aforefaid,  fliall  not  be 
bound  by  the  vote  of  fiich  town  or  parifh,  or  confidered  as 
party  to  fuch  contract,  or  in  any  way  be  compelled  to  con¬ 
tribute  towards  the  fupport  of  the  Minifter;  nor  fhall  any 
perfon  be  compelled  to  contribute  towards  the  fupport  of  the 
Minifter,  who  fhall  change  from  the  feft  or  denomination 
of  which  he  profeffed  to  be  when  he  fettled,  to  any  other 
perfuafion,  feet,  or  denomination. 

And  every  denomination  of  Chriftians,  demeaning  them- 
felves  quietly,  and  as  good  fubjedts  of  the  State,  fhall  be 
equally  under  the  protection  of  the  law  :  And  no  fubordina- 
tion  of  any  one  feet  or  denomination  to  another,  fhall  ever  be 
eflablifued  by  law. 

And  nothing  herein  fliall  be  underftood  to  afreCt  any  former 
contracts  made  for  the  fupport  of  the  miniftry  ;  but  all  fuch 
contracts  fhall  remain,  and  be  in  the  fame  fcate  as  if  this 
Conftitution  had  not  been  made. 

VII.  The  people  of  this  State  have  the  foie  and  excluhve 
right  of  governing  themfelves  as  a  free,  fovereign,  and  Inde¬ 
pendent  State ;  and  do,  and  forever  hereafter  fhal!,  exercife 
and  enjoy  every  power,  jurifdidtion,  and  right,  pertaining 
thereto,  which  is  not,  or  may  not  hereafter  be,  by  them  ex- 
plefsly  delegated  to  the  United  States  of  America  in  Congrefs 
aiTembled. 

VIII.  All  power  refiding  originally  in,  and  being  derived 
from,  the  people,  all  the  magiftrates  and  officers  of  govern¬ 
ment  are  their  i'ubftitutes  and  agents,  and  at  all  times  account¬ 
able  to  them, 

IX.  No  office  or  place  whatfoever,  in  government,  fhall 
be  hereditary — the  abilities  and  integrity  requifite  in  all, 
not  being  tranfmiffible  to  pofterity  or  relations. 

X.  Government  being  inftituted  for  the  common  benefit, 
protection  and  fecurity,  of  the  whole  community,  and  not 
for  the  private  intereft  or  emolument  of  any  one  man,  family, 
or  clafs  of  men  ;  therefore,  whenever  the  ends  of  government 
are  perverted,  and  public  liberty  manifeftly  endangered,  and 
all  other  means  of  redrefs  are  ineffe&ual,  the  people  may,  and 
of  right  ought  to,  reform  the  old,  or  eftablifh  a  new  govern¬ 
ment.  The  do&rine  of  non-refiftance  againft  arbitrary  pow¬ 
er,  and  oppreffion,  is  abfurd,  fiavifh,  and  deilru&ive  of  the 
good  and  happinefs  of  mankind* 


s 


CONSTITUTION  OF 


XI.  All  eledions  ought  to  be  free,  and  every  inhabitant, 
of  the  State,  having  the  proper  qualifications,  has  equal  right 
to  eled,  and  be  eleded,  into  office. 

XII.  Every  member  of  the  community  has  a  right  to  be 
proteded  by  it,  in  the  enjoyment  of  his  life,  liberty  and  pro¬ 
perty  ;  he  is  therefore  bound  to  contribute  his  fhare  in  the  ex- 
penfe  of  fuch  protedion,  and  to  yield  his  perfonal  fervice 
when  neceffary,  or  an  equivalent.  But  no  part  of  a  man’s 
property  (ball  be  taken  from  him>  or  applied  to  public  ufes, 
without  his  own  confent,  or  that  of  the  reprefentative  body 
of  the  people.  Nor  are  the  inhabitants  of  this  State  con- 
srolable  by  any  other  laws  than  thofe  to  which  they,  or  their 
reprefentative  body,  have  given  their  confent. 

XIII.  No  perfon  who  is  confcientioufly  fcrupulous  about 
the  lawfulnefs  of  bearing  arms,  {hall  be  compelled  thereto, 
provided  he  will  pay  an  equivalent. 

XIV.  Every  fubjed  of  this  State  is  entitled  to  a  certain 
remedy,  by  having  recourfe  to  the  laws,  for  all  injuries  he 
may  receive  in  his  perfon,  property  or  charader ;  to  obtain 
right  and  juftice  freely,  without  being  obliged  to  purchafe 
it;  completely,  and  without  any  denial;  promptly,  and 
without  delay  ;  conformable  to  the  laws. 

XV.  No  fubjed  fhall  be  held  to  anfwer  for  any  crime,  or 
offence,  until  the  fame  is  fully  and  plainly,  fubftantially  and 
formally,  deferibed  to  him  :  or  be  compelled  to  accufe  or 
furnilh  evidence  again!!  himfelf.  And  every  fubjed  fhall  have 
a  right  to  produce  all  proof*  that  may  be  favourable  to  him¬ 
felf  ;  to  meet  the  witneffes  againll  him,  face  to  face  ;  and  to 
be  fully  heard  in  his  defence,  by  himfelf,  and  counfel.  And 
no  fubjed  fhall  be  arretted,  iraprifoned,  defpoiled,  or  de¬ 
prived  of  his  property,  immunities,  or  privileges,  put  out  of 
the  protedion  of  the  law,  exiled  or  deprived  of  his  life,  li¬ 
berty,  or  ettate,  but  by  the  judgment  of  his  peers,  or  the 
law  of  the  land. 

XVI.  No  fubjed  {hall  be  liable  to  be  tried,  after  an  acquit- 
al,  for  the  fame  crime  or  offence.  Nor  {hall  the  Legifiature 
make  any  law  that  {hall  fubjed  any  perfon  to  a  capital  puniftu 
ment,  (excepting  for  the  government  of  the  army  and  navy, 
and  the  militia  in  adual  fervice)  without  trial  by  jury. 

XVII.  In  criminal  profecutions,  the  trial  of  fads,  in  the 
vicinity  where  they  happen,  is  fo  effential  to  the  fecurity  of 


NEW -HAMPSHIRE. 


9 


the  life,  liberty,  and  eftate,  of  the  citizens,  that  no  crime  or 
offence  ought  to  be  tried  in  any  other  county  than  that  in 
w  hich  it  is  committed  ;  except  in  cafes  of  general  infurreftion 
in  any  particular  county,  when  it  fnall  appear  to  the  Judges 
of  the  Superior  Court,  that  an  impartial  trial  cannot  be  had 
in  the  county  where  the  offence  may  be  committed,  and  up¬ 
on  their  report,  the  Legiflature  fnall  think  proper  to  direct  the 
trial  in  the  neared  county  in  which  an  impartial  trial  can  be 
obtained. 

XVIII.  All  penalties  ought  to  be  proportioned  to  the  na¬ 
ture  of  the  offence.  No  wife  Legiflature  will  affix  the  fame 
punifnment  to  the  crimes  of  theft,  forgery,  and  the  like, 
which  they  do  to  thofe  of  murder  and  treafon  :  Where  the 
fame  undiflinguifhing  feverity  is  exerted  againft  all  offences, 
the  people  are  led  to  forget  the  real  diftindlion  in  the  crimes 
themfelves,  and  to  commit  the  mod  flagrant  with  as  little  com- 
punfiion  as  they  do  the  lighted  offences  :  For  the  fame  reafon 
a  multitude  of  fanguinary  laws  is  both  impolitic  and  unjuft. 
The  true  defign  of  all  punifhments  being  to  reform,  not  to 
exterminate,  mankind. 

XIX.  Every  fubjefl  hath  a  right  to  be  feeure  from  ail  un- 
reafonable  fearches  and  feizures  of  his  perfow,  his  houfes,  his 
papers  and  all  his  poffeflions.  Therefore,  all  warrants  to 
fearch  fufpe&ed  places,  or  arred  a  perfon  for  examination  or 
trial,  in  profecutions  for  criminal  matters,  are  contrary  to 
this  right,  if  the  caufe  or  foundation  of  them  be  not  pre- 
vioufly  fupported  by  oath  or  affirmation  ;  and  if  the  order  in 
a  warrant  to  a  civil  officer,  to  make  fearch  in  fufpefted 
places,  or  to  arred  one  or  more  fufpefted  perfons,  or  to  feize 
their  property,  be  not  accompanied  with  a  fpecial  defignation 
of  the  perfon  or  objects  of  fearch,.  arred,  orfeizure;  and  no 
warrant  ought  to  be  iffued,  but  in  cafes,  and  with  the  formal¬ 
ities,  prefcribed  by  law. 

XX.  In  all  controverfies  concerning  property,  and  in  all 
fuits  between  two  or  more  perfons,  excepting  in  cafes  where¬ 
in  it  hath  been  heretofore  otherwife  ufed  and  pra&ifed,  the 
parties  have  a  right  to  a  trial  by  Jury  ;  and  this  right  fhall  be 
deemed  facred  and  inviolable  ;  but  the  Legiflature  may,  by 
the  Conduction,  be  empowered  to  make  fuch  regulations  as 
will  prevent  parties  from  having  as  many  trials  by  Jury,  in  the 
fame  fuit  or  a&ion,  as  hath  been  heretofore  allowed  and  prac^ 

B  2 


10 


CONSTITUTION  OF 


tifed,  and  to  extend  the  civil  jurifdi&ion  of  Juftices  of  the 
Feace  to  the  trials  of  fuits  where  the  fum  demanded  in  damag¬ 
es  doth  not  exceed  four  pounds,  faving  the  right  of  appeal  to 
either  party  :  But  no  fuch  regulations  fhall  take  away  the 
right  of  a  trial  by  Jury,  in  any  cafe  not  in  this  article  before 
excepted,  unlefs  in  cafes  refpefting  mariners’  wages. 

XXI.  In  order  to  reap  the  fulleft  advantage  of  the  ineftima- 
ble  privilege  of  the  trial  by  Jury,  great  care  ought  to  be  tak¬ 
en,  that  none  but  qualified  perfons  fhould  be  appointed  to 
ferve ;  and  fuch  ought  to  be  fully  compenfated  for  their  tra¬ 
vel,  time  and  attendance. 

XXII.  The  LIBERTY  OF  THE  PRESS  is  effential  to 
the  fecurity  of  freedom  in  a  State  :  It  ought,  therefore,  to  be- 
inviolably  preferved. 

XXIII.  Retrofpe&ive  laws  are  highly  injurious,  opprefiive, 
and  unjuft.  No  fuch  laws,  therefore,  fhould  be  made,  either 
for  the  decifion  of  civil  caufes,  or  the  punifhment  of  offences. 

XXIV.  A  well  regulated  militia  is  the  proper,  natural, 
and  fure  defence,  of  a  State. 

XXV.  Standing  armies  are  dangerous  to  liberty,  and  ought 
not  to  be  raifed,  or  kept  up,  without  the  confent  of  the  Le¬ 
giflature. 

XXVI.  In  all  cafes,  and  at  all  times,  the  military  ought  to 
be  under  ftrift  fubordination  to,  and  governed  by,  the  civil 
power. 

XXVII.  No  foldier,  in  time  of  peace,  fhall  be  quartered 
in  any  houfe,  without  the  confent  of  the  owner  ;  and  in  time 
of  war,  fuch  quarters  ought  not  to  be  made  but  by  the  civil 
magiftrate,  in  a  manner  ordained  by  the  Legiflature. 

XXVIII.  Nofubfidy,  charge,  tax,  impolt,  or  duty,  (hall 
be  eftablifhed,  fixed,  laid  or  levied,  under  any  pretext  what¬ 
soever,  without  the  confent  of  the  people,  or  their  reprefeti- 
tativesin  the  Legiflature,  or  authority  derived  from  that  body. 

XXIX.  The  power  of  fufpending  the  laws,  or  the  execu¬ 
tion  of  them,  ought  never  to  be  exercifed,  but  by  the  Legifla- 
lure,  or  by  authority  derived  therefrom,  to  be  exercifed  in 
fuch  particular  cafes  only  as  the  Legiflature  fhall  exprefsly 
provide  for. 

XXX.  The  freedom  of  deliberation,  fpeech,  and  debate, 
in  either  Houfe  of  the  Legiflature,  is  fo  effential  to  the  rights 
$£  the  people,  that  it  cannot  be  the  foundation  of  any  aftion, 


NEW-HAMPSHIRE. 


i  i 

complaint*  or  profecution,  in  any  other  Court  or  place  what- 
foever. 

XXXI.  The  LegiHature  fhall  aflemble  for  the  redrefs  of 
public  grievances,  and  for  making  fuch  laws  as  the  public 
good  may  require. 

XXXil.  The  people  have  a  right,  in  an  orderly  and  peace¬ 
able  manner,  to  aflemble  and  confult  upon  the  common  good, 
give  inftru&ions  to  their  Reprefentatives,  and  to  requeft  of  the 
Legiflative  Body,  by  way  of  petition  or  remonftrance,  redrefs 
of  the  wrongs  done  them,  and  of  the  grievances  they  fufler. 

XXXIII.  No  Magiftrate,  or  Court  of  Law,  fliall  demand 
exceflive  bail  or  fureties,  impofe  exceflive  fines,,  or  inflict 
cruel  or  unufual  punifhments. 

XXXIV.  No  perfon  can,  in  any  cafe,  be  fubje&ed  to  law* 
martial,  or  to  any  pains  or  penalties  by  virtue  of  that  law, 
except  thofe  employed  in  the  army  or  navy,  and  except  the 
militia  in  adlual  fervice,  but  by  authority  of  the  LegiHature. 

XXXV.  It  is  eflential  to  the  prefervation  of  the  rights  of 
every  individual,  his  life,  liberty,  property  and  character, 
that  there  be  an  impartial  interpretation  of  the  laws  and  ad- 
miniftration  of  juftice.  It  is  the  right  of  every  citizen  to 
be  tried  by  Judges  as  impartial  as  the  lot  of  humanity  will 
admit.  It  is  therefore  not  only  the  beft  policy,  but  for  the 
fecurity  of  the  rights  of  the  people,  that  the  Judges  of  the 
Supreme  Judicial  court  fhould  hold  their  offices  fo  long  as  they 
behave  well ;  fubjedl,  however,  to  fuch  limitations,  on  ac¬ 
count  of  age,  as  may  be  provided  by  the  Conftitution  of  the 
Hate ;  and  that  they  lhould  have  honourable  falaries,  afcer- 
tained  and  eftablilhed  by  {landing  laws. 

XXXVI.  CEconomy  being  a  moft  eflential  virtue  in  all 
States,  efpecially  in  a  young  one  ;  no  penfion  (hall  be  grant¬ 
ed,  but  in  confideration  of  aftual  fervices ;  and  fuch  penflons 
ought  to  be  granted  with  great  caution,  by  the  LegiHature, 
and  never  for  more  than  one  year  at  a  time. 

XXXVII.  In  the  government  of  this  State,  the  three  eflen¬ 
tial  powers  thereof,  to  wit,  the  Legiflative,  Executive,  and 
Judicial,  ought  to  be  kept  as  feparate  from,  and  independent 
of,  each  other,  as  the  nature  of  a  free  government  will  admit, 
or  as  is  confiftent  with  that  chain  of  connexion  that  binds  the 
whole  fabric  of  the  Conflitution  in  one  indifloluble  bond  of 
union  and  amity, 


I  2 


CONSTITUTION  OF 


XXXVIII.  A  frequent  recurrence  to  the  fundamental  prin¬ 
ciples  of  the  Conftitution,  and  a  conftant  adherence  to  juft  ice, 
moderation,  temperance,  induftry,  frugality,  and  all  the  fa¬ 
cial  virtues,  are  indifpenfrbly  neceffary  to  preferve  the  blef- 
fings  of  liberty  and  good  government ;  the  people  ought, 
therefore,  to  have  a  particular  regard  to  all  thofe  principles 
in  the  choice  of  their  officers  and  Reprefentatives :  And  they 
have  a  right  to  require  of  their  law-givers  and  magiftrates, 
an  exa<ft  and  conftant  obfervance  of  them,  in  the  formation 
and  execution  of  the  laws  neceffary  for  the  good  adminiftra- 
tion  of  government. 

Part  IT. 

FORM  OF  GOVERNMENT. 

THE  people  inhabiting  the  territory  formerly  called  the 
Province  of  New-Hasnpfhire,  do  hereby  folemnly  and  mutu¬ 
ally  agree  with  each  other,  to  form  themfelves  into  a  free, 
favereign,  and  independent  Body-Politic,  or  State,  by  the 
name  of  the  State  of  Nenv-Hampjbire . 

GENERAL  COURT. 

THE  Supreme  Legillative  Power,  within  this  State,  fhalL 
be  veiled  in  the  Senate  and  Houfe  of  Reprefentatives,  each 
of  which  (hall  have  a  negative  on  the  other. 

The  Senate  and  Houfe  (hall  affemble  every  year  on  the  laft 
Wednefday  of  O&ober,  and  at  fuch  other  times  as  they  may 
judge  neceffary  ;  and  (hall  diffolve,  and  be  diffolved,  feven 
days  next  preceding  the  faid  laft  Wednefday  of  Oftober  ;  and 
(hall  be  (tiled  THE  GENERAL  COURT  OF  NEW- 
H  AMPS  HIRE. 

The  General  Court  (hall  forever  have  full  power  and  autho¬ 
rity  to  ereft  and  conftitute  Judicatories  and  Courts  of  Record, 
or  other  Courts,  to  be  holden  in  the  name  of  the  State,  for 
the  hearing,  trying,  and  determining,  all  manner  of  crimes, 
offences,  pleas,  proceffes,  plaints,  actions,  caufes,  matters, 
and  things  whatfaever,  arifing  or  happening  within  this  State, 
or  between  or  coneerning  perfans  inhabiting  or  refiding,  or 
brought  within,  the  fame,  whether  the  fame  be  criminal  or 
civil,  or  whether  the  crimes  be  capital,  or  not  capital,  and 
whether  the  faid  pleas  be  real,  perfanal,  or  mixed  ;  and  for 
the  awarding  and  iffuing  execution  thereon.  To  which 
Courts  and  Judicatories,  are  hereby  given  and  granted,  full 


NEW -HAMPSHIRE* 


J3 

power  and  authority,  from  time  to  time,  to  adminifter  oaths 
or  affirmations,  for  the  better  difcovery  of  truth  in  any  mat¬ 
ter  in  controverfy,  or  depending  before  them. 

And  farther,  full  power  and  authority  are  hereby  given  and 
granted  to  the  faid  General  Court,  from  time  to  time,  to 
make,  ordain,  and  eftablifti,  all  manner  of  wholefome  and 
reafonable  orders,  laws,  ftatutes/  ordinances,  directions,  and 
inftruCtions,  either  with  penalties,  or  without,  fo  as  the  fame 
be  not  repugnant  or  contrary  to  this  Conftitution,  as  they 
may  judge  for  the  benefit  and  welfare  of  this  State,  and  for 
the  governing  and  ordering  thereof,  and  of  thefubjeCts  of  the 
fame,  for  the  neceflary  fupport  and  defence  of  the  govern¬ 
ment  thereof ;  and  to  name  and  fettle  annually,  or  provide  by 
fixed  laws  for  the  naming  and  fettling,  all  civil  officers  within 
this  State ;  fuch  officers  excepted,  the  election  and  appoint¬ 
ment  of  whom  are  hereafter  in  this  form  of  government  other- 
wife  provided  for  ;  and  to  fet  forth  the  feveral  duties,  powers, 
and  limits,  of  the  feveral  civil  and  military  officers  of  this 
State,  and  the  forms  of  fuch  oaths  or  affirmations  as  {hall  be 
refpeCtively  adminiftered  unto  them,  for  the  execution  of  their 
feveral  offices  and  places,  fo  as  the  fame  be  not  repugnant  or 
contrary  to  this  Conftitution;  and  alfo  to  impofe  fines, 
mulCis,  imprifonments,  and  other  punifhments ;  and  to  im¬ 
pofe  and  levy  proportional  and  reafonable  affelfments,  rates, 
and  taxes,  upon  all  the  inhabitants  of,  and  refidents  within, 
the  faid  State  ;  and  upon  all  eftates  within  the  fame  ;  to  be  if- 
fued  and  difpofed  of  by  warrant,  under  the  hand  of  the  Go¬ 
vernor  of  this  State  for  the  time  being,  with  the  advice  and 
confent  of  the  Council,  for  thc"public  fervice,  in  the  necelfa- 
ry  defence  and  fupport  of  the  government  of  this  State,  and 
the  protection  and  prefervation  of  the  fubjeft  thereof,  accord¬ 
ing  to  fuch  aCls  as  are,  or  {hall  be,  in  force  within  the  fame. 

And  while  the  public  charges  of  government,  or  any  part 
thereof,  (hall  be  affelfed  on  polls  and  eftates  in  the  manner 
that  has  heretofore  been  praCtifed  ;  in  order  that  fuch  alfelf- 
ments  may  be  made  with  equality,  there  {hall  be  ;  a  valuation 
of  the  eftates  within  the  State  taken  anew  once  in  every  five 
years  at  leaft,  and  as  much  oftener  as  the  General  Court  {hall 
order. 

No  member  of  the  General  Court  {hall  take  fees,  be  of 
counfel,  or  aft  as  advocate,  in  any  caufe  before  either  branch 


14 


CONSTITUTION  OF 


of  the  Legiflature ;  and  upon  due  proof  thereof,  fuch  mem¬ 
ber  fhall  forfeit  his  feat  in  the  Legiflature. 

The  doors  of  the  galleries,  of  each  houfe  of  the  Legiflature, 
fhall  be  kept  open  to  all  perfons  who  behave  decently,  except 
when  the  welfare  of  the  State,  in  the  opinion  of  either  branch> 
fiiall  require  fecrecy. 

SENATE. 

THE  Senate  fhall  confifl  of  thirteen  members,  who  (hall 
bold  their  office  for  one  year,  from  the  laft  Wednefday  of 
Oftober  next  enfuing  their  election. 

And  that  the  State  may  be  equally  reprefented  in  the  Se¬ 
nate,  the  Legiflature  fnall,  from  time  to  time,  divide  the 
State  into  thirteen  diftri&s,  as  nearly  equal  as  may  be  with¬ 
out  dividing  towns  and  unincorporated  places ;  and  in  mak¬ 
ing  this  divifion,  they  fhall  govern  themfelves  by  the  propor¬ 
tion  of  public  taxes  paid  by  the  faid  diurifts,  and  timely  make 
known  to  the  inhabitants  of  the  State  the  limits  of  each  dif- 
trift. 

The  freeholders  and  other  inhabitants  of  each  diftridt,  qua¬ 
lified  as  in  this  Conflitution  is  provided,  fhall  annually  give 
in  their  votes  for  a  Senator,  at  fume  meeting  holden  in  the 
month  of  March. 

The  Senate  fhall  be  the  flrfl:  branch  of  the  Legiflature  ;  and 
the  Senators  fnall  be  chofen  in  the  following  manner,  viz. 
Every  male  inhabitant,  of  each  town,  and  parifh  with  town 
privileges,  and  places  unincorporated,  in  this  State,  of  twefr- 
ty-one  years  of  age  and  upwards,  excepting  paupers,  and  per¬ 
fons  excufed  from  paying  taxes  at  their  own  requeft,  fhall 
have  a  right,  at  the  annual  or  other  meetings  of  the  inhabitants 
of  faid  towns  and  parishes,  to  be  duly  warned  and  holden  an¬ 
nually  forever  in  the  month  of  March,  to  vote  in  the  town  or 
parifh  wherein  he  dwells,  for  the  Senators  in  the  county  or 
diftridt  whereof  he  is  a  member. 

Provided  neverthelef$>  That  noperfon  fhall  be  capable  of  be¬ 
ing  el edted  a  Senator,  who  is  not  feized  of  a  freehold  eftate, 
in  his  own  right,  of  the  value  of  two  hundred  pounds,  lying 
within  this  State,  who  is  not  of  the  age  of  thirty  years,  and 
who  fhall  not  have  been  an  inhabitant  of  thf$  State  for  feven 
years  immediately  preceding  his  election,  and  at  the  time 
thereof  he  fhall  be  an  inhabitant  of  the  district  for  which  ho 
fhall  be  chofen. 


NEW-HAMPSHIRE. 


And  every  perfon,  qualified  as  the  Conftitution  provides, 
(hall  be  confidered  an  inhabitant  for  the  purpofe  of  electing 
and  being  eleCted  into  any  office  or  place  within  this  State,  in 
the  town,  pariffi,  and  plantation,  where  he  dwelleth  and 
hath  his  home. 

And  the  inhabitants  of  plantations  and  places  unincorpo¬ 
rated,  qualified  as  this  Conftitution  provides,  who  are  or  fhall 
be  required  to  afieis  taxes  upon  themfelves  towards  the  fup- 
port  of  government,  or  fhall  be  taxed  therefor,  fhall  have  the 
fame  privilege  of  voting  for  Senators,  in  the  plantations  and 
places  wherein  they  refide,  as  the  inhabitants  of  the  refpeCiive 
towns  and  parilhes  aforefaid  have.  And  the  meetings  of  fuch 
plantations  and  places  for  that  purpofe,  fhall  be  holden  annu¬ 
ally  in  the  month  of  March,  at  fuch  places  refpeCtively  there¬ 
in  as  the  afieffors  thereof  fhall  direct ;  which  affefiors  fhall  have 
like  authority  for  notifying  the  electors,  collecting  and  re¬ 
turning  the  votes,  as  the  Sele&men  and  Town-Clerks  have 
in  their  feveral  towns  by  this  Conftitution. 

The  meetings  for  the  choice  of  Governor,  Council,  and 
Senators,  fhall  be  warned,  by  warrant,  from  the  Sele&men, 
and  governed  by  a  Moderator,  who  fhall,  in  the  prefence  of 
the  Selectmen,  (whofe  duty  it  fhall  be  to  attend)  in  open  meet¬ 
ing,  receive  the  votes  of  all  the  inhabitants  of  fuch  towns  and 
parifhes  prefent,  and  qualified  to  vote  for  Senators ;  and  fhall, 
in  faid  meetings,  in  prefence  of  the  faid  Seleftmen  and  of  the 
Town-Clerk,  in  faid  meeting,  fort  and  count  the  faid  votes, 
and  make  a  public  declaration  thereof,  with  the  name  of  every 
perfon  voted  for,  and  the  number  of  votes  for  each  perfon  : 
And  the  Town-Clerk  fhall  make  a  fair  record  of  the  fame  at 
large,  in  the  town-book,  and  (hall  make  out  a  fair  attefted  copy 
thereof,  to  be  by  him  fealed  up,  and  direCied  to  the  Secretary 
of  the  State,  with  a  fuperfeription  expreffing  the  purport  there¬ 
of  :  And  the  faid  Town-Clerk  (hall  caufe  fuch  attefted  copy 
to  be  delivered  to  the  Sheriff  of  the  County  in  which  fuch  town 
or  parifh  (hall  lie,  forty  days  at  leaft  before  the  laft  Wednef- 
day  of  October  ;  or  to  the  Secretary  of  the  State  at  leaft  thirty 
days  before  the  faid  laft  Wednefday  of  OCtober:  And  the 
Sheriff  of  each  County,  or  his  deputy,  fhall  deliver  all  fuch 
certificates  by  him  received,  into  the  Secretary’s  office,  at 
lead  thirty  days  before  the  laft  Wednefday  of  Oftober, 


CONSTITUTION  OF 


vi6 

And  that  there  may  be  a  due  meeting  of  Senators  on  the 
laft  Wcdnefday  of  Odober  annually,  the  Governor,  and  a 
majority  of  the  Council  for  the  time  being,  (ball,  as  foon  as 
may  be,  examine  the  returned  copies  of  fuch  records,  and 
fourteen  days  before  the  laid  laft  Wednefcfay  of  Odober,  he 
{hail  ififue  his  fummons  to  fuch  perfonsas  appear  to  be  chofen 
Senators  by  a  majority  of  votes,  to  attend  and  take  their 
feats  on  that  day. 

Provided  neverthelefs ,  That  for  the  firft  year  the  faid  re¬ 
turned  copies  (hall  be  examined  by  the  Prefident,  and  a  ma¬ 
jority  of  the  Council  then  in  office  :  and  the  faid  Prefident 
fna!l,  in  like  manner,  notify  the  perfons  eleded,  to  attend 
and  take  their  feats  accordingly. 

And  in  cafe  there  (hall  not  appear  to  be  a  Senator  eleded 
by  a  majority  of  votes,  for  any  diftrid,  the  deficiency  (hall 
be  fupplied  in  the  following  manner,  viz.  The  members  of 
the  Houfe  of  Reprefentatives,  and  fuch  Senators  as  (hall  be 
declared  eleded,  (hall  take  the  names  of  the  two  perfons  hav¬ 
ing  the  higheft  number  of  votes  in  the  diftrid,  and  out  of 
them  (hall  eled,  by  joint  ballot,  the  Senator  wanted  for  fuch 
diftrid  ;  and  in  this  manner  all  fuch  vacancies  (hall  be  filled 
up,  in  every  diftrid  of  the  State  ;  and  in  like  manner  all  va¬ 
cancies  in  the  Senate,  arifing  by  death,  removal  out  of  the 
State,  or  other  wife,  (hall  be  fupplied,  as  foon  as  may  be  after 
fuch  vacancies  happen. 

The  Senate  (ball  be  final  judges  of  the  eledions,  returns, 
and  qualifications,  of  their  own  members,  as  pointed  out  in 
this  Conftitution. 

The  Senate  (hall  have  power  to  adjourn  themfelves,  pro¬ 
vided  fuch  adjournment  do  not  exceed  two  days  at  a  time. 

Provided  neverthele/s ,  That  whenever  they  (hall  fit  on  the 
trial  of  any  impeachment,  they  may  adjourn  to  fuch  time 
and  place  as  they  may  think  proper,  although  the  Legifla- 
ture  be  not  afifembled  on  fuch  day,  or  at  fuch  place. 

The  Senate  (hall  appoint  their  Prefident,  and  other  officers, 
and  determine  their  own  rules  of  proceedings  :  And  not  lefs 
than  feven  members  of  the  Senate  (hall  make  a  quorum  for 
doing  bufinefs ;  and  when  lefs  than  eight  Senators  (hall  be 
prefent,  the  aflent  of  five,  at  leaft,  (hall  be  neceffary,  to  ren. 
der  their  ads  and  proceedings  valid. 


NEW-HAMPSHIRE.  *7 

The  Senate  fhall  be  a  Court,  with  full  power  and  authority 
to  hear,  try,  and  determine,  all  impeachments  made  by  the 
Houfe  of  Reprefentatives  againil  any  officer  or  officers  of  the 
State,  for  bribery,  corruption,  mal- practice,  or  mal-adminif- 
tration,  in  office  ;  with  full  power  to  iffue  fummons*  or 
compulfory  procefs,  for  convening  witneffes  before  them, 
with  all  neceffary  powers  incident  to  a  court  of  Trials  :  But 
previous  to  the  trial  of  any  fuch  impeachment,  the  members 
of  the  Senate  lhall  refpe&iveiv  be  {worn  truly  and  impar¬ 
tially  to  try  and  determine  the  charge  in  queftion,  according 
to  evidence.  And  every  officer,  impeached  for  bribery,  cor-, 
ruption,  mal-pra&ice,  or  mal-adminidration,  in  office,  (hall 
be  ferved  with  an  atteded  copy  of  the  impeachment,  and 
order  of  Senate  thereon,  with  fuch  citation  as  the  Senate 
may  diredt,  fetting  forth  the  time  and  place  of  their  fitting 
to  try  the  impeachment  ;  which  fervice  (hall  be  made  by 
the  Sheriff,  or  fuch  other  fvvorn  officer  as  the  Senate  may  ap¬ 
point,  at  lead  fourteen  days  previous  to  the  time  of  trial  ; 
and  fuch  citation  being  duly  ferved  and  returned,  the  Senate 
may  proceed  in  the  hearing  of  the  impeachment,  giving  the 
perfon  impeached,  if  he  fhall  appear,  full  liberty  of  produc¬ 
ing  witneffes  and  proofs,  and  of  making  his  defence,  by 
himfelf  and  counfel;  and  may  alfo,  upon  his  refuting  or  ne~ 
glefting  to  appear,  hear  the  proofs  in  fupport  of  the  im¬ 
peachment,  and  render  judgment  thereon,  his  non-appear. 
ance  notwithdanding  ;  and  fuch  judgment  lhall  have  the  fame 
force  and  effedl  as  if  the  perfon  impeached  had  appeared  and 
pleaded  in  the  trial.  Their  judgment,  however,  iliall  not 
extend  further  than  removal  from  office,  difqualification  to 
bold  or  enjoy  any  place  of  honour,  trud  or  profit,  under  this 
State;  but  the  party,  fo  convicted,  lhall  neverthelefs  be  li¬ 
able  to  indictment,  trial,  judgment,  and  punifhment,  ac¬ 
cording  to  the  laws  of  the  land. 

Whenever  the  Governor  fhall  be  impeached,  the  Chief 
Judice  of  the  Supreme  Judicial  Court  fhall,  during  the  trial, 
prefide  in  the  Senate,  but  have  no  vote  therein. 

HOUSE  of  REPRESENTATIVES. 

THERE  fhall  be,  in  the  Legiflature  of  this  State,  a  re- 
prefentation  of  the  people,  annually  elefled,  and  founded 
upon  principles  of  equality:  A.nd,  in  order  that  fuch  repre- 

C 


CONSTITUTION  OF 


iS 

fentation  may  be  as  equal  as  circumftances  will  admit,  every 
town,  parish  or  place  entitled  to  town  privileges,  having  one 
hundred  and  fifty  rateable  male  polls,  of  twenty-one  years  of 
age,  and  upwards,  may  elecft  one  Reprefentative  :  if  four 
hundred  and  fifty  rateable  polls,  may  eled  two  Reprefenta- 
tives  ;  and  fo  proceeding,  in  that  proportion,  making  three 
hundred  fuch  rateable  polls  the  mean  increafing  number,  for 
every  additional  Reprefentative, 

Such  towns,  parilhes  or  places,  as  have  lefs  than  one  hun¬ 
dred  and  fifty  rateable  polls,  lhall  be  clafled  by  the  General 
AfTembly,  for  the  purpofe  of  choofing  a  Reprefentative,  and 
feafonably  notified  thereof.  And  in  every  clafs,  formed  for 
the  above  mentioned  purpofe,  the  firft  annual  meeting  (hall 
be  held  in  the  town,  paiifh,  or  place,  wherein  moft  of  the  rate¬ 
able  polls  refide  ;  and  afterwards  in  that  which  has  the  next 
kigheft  number  ;  and  fo  on  annually,  by  rotation,  through 
the  feveral  towns,  parilhes,  or  places,  forming  the  diflrict. 

Whenever  any  town,  parifh  or  place,  entitled  to  town  pri¬ 
vileges,  as  aforefaid,  lhall  not  have  one  hundred  and  fifty 
rateable  polls,  and  be  fofituated  as  to  render  rhe  clalling  thereof 
with  any  other  town,  parilh,  or  place,  very  inconvenient, 
the  General  AfTembly  may,  upon  application  of  a  majority  of 
the  voters  in  fuch  town,  parilh,  or  place,  iffue  a  writ  for 
their  electing  and  fending,  a  Reprefentative  to  the  General 
Court. 

The  members  of  the  Houfe  of  Reprefentatives  lhall  be 
chofen  annually,  in  the  month  of  March,  and  lhall  be  the 
fecond  branch  of  the  Legifiature. 

All  perfons,  qualified  to  vote  in  the  eledion  of  Senators* 
fnall  be  entitled  to  vote,  within  thediftrid  where  they  dwell, 
in  the  choice  of  Reprefentatives.  Every  member  of  the 
Houfe  of  Reprefentatives  fhall  be  chofen  by  ballot  ;  and  for 
two  years  at  leaft,  next  preceding  his  election,  fnall  have 
been  an  inhabitant  of  this  State  ;  fhall  have  an  eftate  within 
the  dittrid  which  he  may  be  chofen  to  reprefent,  of  the  value 
of  one  hundred  pounds,  one-half  of  which  to  be  a  freehold, 
whereof  he  is  feized  in  his  own  right :  fhall  be,  at  the  time 
of  his  election,  an  inhabitant  of  the  diltrid  he  may  be  chofen 
to  reprefent  ;  and  lhall  ccafe  to  reprefent  fuch  dill  rid  imme¬ 
diately  on  his  ceafing  to  be  qualified  as  aforefaid. 

The  members  of  both  Houfes  of  the  Legifiature  lhall  be 


NEW-HAMPSHIRE. 


19 

compcnfatcd  for  their  fervices  out  of  the  treafury  of  the  Scatty 
by  a  law  made  for  that  purpofe  ;  fuch  members  attending 
feafonably,  and  not  departing  without  licence.  All  interme¬ 
diate  vacancies,  in  the  Houfe  of  Reprefentatives,  may  be  fil¬ 
led  up,  from  time  to  time,  in  the  fame  manner  as  annual  elec¬ 
tions  are  made. 

The  Houfe  of  Reprefentatives  fhall  be  the  Grand  Inquefl 
of  the  State  ;  and  all  impeachments  made  by  them,  fhall  be 
heard  and  tried  by  the  Senate. 

All  money-bills  fhall  originate  in  the  Houfe  of  Reprefent¬ 
atives  ;  but  the  Senate  may  propofe,  or  concur  with,  amend¬ 
ments,  as  on  other  bills. 

The  Houfe  of  Reprefentatives  (hall  have  power  to  adjourn 
themfelves,  but  no  longer  than  two  days  at  a  time. 

A  majority  of  the  members  of  the  Houfe  of  Reprefenta.. 
tives  fhall  be  a  quorum  for  doing  bufinefs  :  Bat  when  le& 
than  two-thirde  of  the  Reprefentatives  elected  fhall  be  pre- 
fent,  the  affent  of  two-thirds  of  thofe  members  ihall  be  ne- 
ceffary  to  render  their  a&s  and  proceedings  valid. 

No  member  of  the  Houfe  of  Reprefentatives,  or  Senate, 
fhall  be  arretted,  or  held  to  bail,  on  mean  procefs,  during  his 
going  to,  returning  from,  or  attendance  upon,  the  Court. 

The  Houfe  of  Reprefentatives  fnall  choofe  their  own 
Speaker,  appoint  their  own  officers,  and  fettle  the  rules  of 
proceedings  in  their  own  Houfe ;  and  fhall  be  judge  of 
the  returns,  elections,  and  qualifications,  of  its  members,  as 
pointed  out  in  this  Conftitution.  They  fhall  have  authority 
to  punifh,  by  imprifonment,  every  perfon  who  fliall  be  guilty 
of  difrefpett  to  the  Houfe,  in  its  prefence,  by  any  diforderly 
and  contemptuous  behaviour,  or  by  threatening,  or  ill  treat¬ 
ing,  any  of  its  members;  or  by  obftrudUng  its  deliberations  ; 
every  perfon  guilty  of  a  breach  of  its  privileges,  in  making 
arrefts  for  debt,  or  by  affaulting  any  member  during  his  at¬ 
tendance  at  any  feffion  ;  in  alfaulting  or  di.lurbing  any  one  ot 
its  officers  in  the  execution  of  any  order  or  procedure  of  the 
Houfe  ;  in  affaulting  any  witnefs,  or  other  perfon  ordered 
to  attend,  by  and  during  his  attendance  of  the  Houfe,  or  in 
refcuing  any  perfon  arretted  by  order  of  the  Houfe,  knowing 
them  to  be  fuch.  The  Senate,  Governor  and  Council,  fhall 
have  the  fame  powers  in  like  cafes  :  provided  that  no  impri- 
funraent  by  either,  for  any  offence,  exceed  ten  days. 


20 


CONSTITUTION  OF 


The  journals  of  the  proceedings,  and  all  the  public  afts  of 
both  Houfes  of  the  Legiflature,  fhall  be  printed  and  publifh- 
ed  immediately  after  every  adjournment  or  prorogation  ;  and 
upon  motion  made  by  any  one  member,  the  yeas  and  nays, 
upon  any  queftion,  fhall  be  entered  in  the  journals:  And 
«;ny  member  of  the  Senate,  or  Houfe  of  Representatives, 
fhall  have  a  right,  on  motion  made  at  the  time  for  that  pur- 
pole,  to  have  his  pro t eft,  or  diffent,  with  the  reafons,  againft 
J»n y  vote,  refolve,  or  bill,  pafled,  entered  on  the  journals. 

EXECUTIVE  POWER . 

GOVERNOR. 

THE  Governor  fhall  be  chofen  annually,  in  the  month 
of  March  ;  and  the  votes  for  Governor  fhall.  be  received, 
forted,  counted,  certified,  and  returned,  in  the  fame  manner 
as  the  votes  for  Senators  ;  and  the  Secretary  fhall  lay  the 
fame  before  the  Senate  and  Houfe  of  Reprefentatives,  on  the 
la  ft  Vednefday  of  October,  to  be  by  them  examined  ;  and 
in  cafe  of  an  ele&ion  by  a  majority  of  votes  through  the  State, 
the  choice  fhall  be  by  them  declared  and  publifhed. 

And  the  qualifications  of  electors  of  the  Governor  fhall  be 
the  fame  as  thofe  for  Senators ;  and  if  no  perfon  fhall  have 
a  majority  of  votes,  the  Senate  and  Houfe  of  Reprefentatives 
fhall,  by  joint  ballot,  eleft  one  of  the  two  perfons  having  the 
higheft  number  of  votes,  who  fhall  be  declared  Governor. 

And  no  perfon  fhall  be  eligible  to  this  office,  unlefs,  at  the 
lime  of  his  election,  he  fhall  have  been  an  inhabitant  of  this 
State  for  feven  years  next  preceding,  and  unlefs  he  fhall  be  of 
s  he  age  of  thirty  years,  and  unlefs  he  fhall,  at  the  fame  time* 
have  aneftateof  the  value  of  live  hundred  pounds,  one  half 
of  which  fhall  confift  of  a  freehold,  in  his  own  right,  within 
this  State. 

In  cafes  of  difagreement  between  the  two  Houfes,  with 
regard  to  the  time  or  place  of  adjournment  or  prorogation, 
the  Governor,  with  advice  of  Council,  fhall  have  a  right  to 
adjourn  or  prorogue  the  General  Court,  not  exceeding  feven 
months  at  any  one  time,  as  he  may  determine  the  public  good 
may  require,  to  meet  at  the  place  where  the  General  Court 
fhall  be  at  that  time  fitting  :  and  he  fhall  dilTolve  the  fame 
lavcn  d :•  y s  before  the  faid  laft  Wednefday  of  October. 


NEW-HAM  FSHIRE. 


it 

And,  in  cafe  of  any  infectious  diftemper  prevailing  in  the 
place  where  the  f  id  Court  at  any  time  is  to  convene,  or  any 
other  caufe,  whereby  dangers  may  arife  to  the  health  or  lives 
of  the  members  from  their  attendance,  the  Governor  may 
direct  the  feffion  to  be  holden  at  feme  other  the  molt  convex 
nient  place  within  the  State. 

Every  bill  which  fnall  have  palled  both  Houfes  of  the  Ge¬ 
neral  Court,  fhaii,  before  it  become  a  law,  be  prefented  to  the 
Governor  ;  if  he  approve,  he  fnall  lign  it,  but  if  not,  he 
fhall  return  it,  with  his  objections,  to  that  Honfe  in  which 
it  fhall  have  originated,  who  (hall  enter  tile  objections  at  large 
on  their  journal,  and  proceed  to  reconfider  it  •  if,  after  fuch 
reconfideration,  two-thirds  of  that  Houfe  fhall  agree  to  pals 
the  bill,  it  fliall  be  fent,  together  with  fuch  objections;  to 
the  other  Houfe,  by  which  it  fhall  likewife  be  reconlidered, 
and  if  approved  by  two-thirds  of  that  Houfe,  it  fhall  become 
a  law.  But  in  all  fuch  cafes  the  votes  of  both  Houfes  fnall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  per- 
fons,  voting  for  or  againft  the  bill,  (hall  be  entered  on  the 
journal  of  each  Houfe  refpeCtivefy.  If  any  bill  fhall  pot  be 
returned  by  the  Governor,  within  five  days  (Sundays  ex¬ 
cepted)  after  it  fhall  have  been  prefented  to  him,  the  fame 
fhall  be  a  law,  in  like  manner  as  if  he  had  figned  it,  unlefs 
the  Legiflature,  by  their  adjournment,  prevent  its  return,  in 
which  cafe  it  fliall  not  be  a  law. 

Every  refolve  fhall  he  prefented  to  the  Governor,  and,  be¬ 
fore  the  fame  fnall  take  efteCf,  fhall  be  approved  by  him,  or 
being  difapproved  by  him,  fliall  be  repaffed  by  the  Senate  and 
Houfe  of  Reprefentatives,  according  to  the  rules  and  limita¬ 
tions  preferibed  in  the  cafe  of  a  bill. 

All  judicial  officers,  the  Attorney  General,  Solicitors,  all 
Sheriffs,  Coroners,  Regiilers  of  Probate,  and  all  officers  of 
the  navy,  and  general  and  field  officers  of  the  militia,  fliall 
be  nominated  and  appointed  by  the  Governor  and  Council  ; 
and  every  fuch  nomination  fhall  be  made  at  leaf!  three  days, 
prior  to  fuch  appointment  ;  and  no  appointment  fliall  take 
■place,  unlefs  a  majority  of  the  Council  agree  thereto.  The 
Governor  and  Council  fliall  have  a  negative  on  each  other, 
both  in  the  nominations  and  appointments-  Ever}’  nomi¬ 
nation  a/id  appointment  fliall  be  figned  by  the  Governor  and 

C  2 


rt  t 


CONSTITUTION  OK 


Council,  snd  every  negative  fhall  be  alfo  iigned  by  the  Go- 
vernor  or  Council  who  made  the  fame. 

The  captains  and  fubakerns,  in  the  rcfpedive  regiments, 
fhall  be  nominated  by  the  held  officers,  and  if  approved  by 
the  Governor,  fnall  be  appointed  by  him. 

Whenever  the  chair  of  the  Governor  fhall  become  vacant, 
by  reafon  of  his  death,  abfence  from  the  State,  or  otherwife, 
the  Prefident  of  the  Senate,  fhall,  during  fuch  vacancy,  have 
and  exercife  all  the  powers  and  authorities  which,  by  this 
Conhitution,  the  Governor  is  vefted  with,  when  personally 
prefent  ;  but  when  the  Prefident  of  the  Senate  fhall  exercife 
the  office  of  Governor,  he  fhall  not  hold  his  office  in  the  Se¬ 
nate. 

The  Governor,  with  advice  of  Council,  fhall  have  full 
power  and  authority,  in  the  recefs  of  the  General  Court,  to 
prorogue  the  fame  from  time  to  time,  not  exceeding  feven 
months,  in  any  one  recefs  of  fa  id  Court  ;  and  during  the  fef- 
Jion  of  faid  Court,  to  adjourn  or  prorogue  it  to  any  time  the 
two  Houfes  may  defire,  and  to  call  it  together  fooner  than 
the  time  to  which  it  may  be  adjourned,  or  prorogued,  if  the 
welfare  of  the  State  fhould  require  the  fame. 

'The  Governor  of  this  State  for  the  time  being  fhall  be 
commander  in  chief  of  the  army  and  navy,  and  all  the  mili¬ 
tary  forces  of  this  State,  by  fea  and  land  ;  and  fhall  have  full 
p:>wer  by  himfelf,  or  by  any  chief  commander,  or  other  of- 
ncer,  or  officers,  from  time  to  time,  to  train,  inftrud,  exer¬ 
cife  and  govern  the  militia  and  navi'  ;  and  for  the  fpecial  de¬ 
fence  and  fafety  of  this  Stale,  tqfaffemble  in  martial  array, 
and  put  in  warlike  pofture,  the ^inhabitants  thereof,  and  to 
lead  and  condud  them,  and  witlp  thkm  to  encounter,  expuife, 
repel,  refill  and  purf^TYTerce-pf  srrns,  as  well  by  fea  as  by 
land,  within  and  without  thermits 'df  this  State  ;  and  alio 
to  kill,  flay,  deft roy,  if  necyfot^F and  conquer  by  all  fitting 
ways,  enterprize  and  meajte^ni  and  every  fuch  perfon  and. 
perfons  as  fhall,  at  any  hereafter,  ip  a  hoflile  manner, 
attempt  or  enterprize  tlie/aelwaQion^itivafio.),  detriment  or 
annoyance  of  this  State/' and^uQ  'frfe^and  exercife  over  the 
army  and  navy,  and  o^er  the  Vilitia  in  adual  fervice,  the 
law  martial  in  time  efrwar,  inl&fion,  and  alfo  in  rebellion, 
declared  by  the  Legiilalure  to  eM,  as  occafion  fhall  necef- 
fariiy  require.  And  furprize,  bj/all  ways  and  means  what* 

/ 

/ 


TO  -HAMPSHIRE. 


25 


foever,  all  and  every  fuch  perfon  or  perfons,  with  their  (hips, 
arms,  ammunition,  and  other  goods,  as  fhall  in  a  hottiie  man¬ 
ner  invade,  or  attempt  the  invading,  conquering  or  annoying 
this  State  :  And  in  fine,  the  Governor  hereby  is  entruited 
with  all  other  powers  incident  to  the  office  of'  Captain-Gene¬ 
ral  and  Commander  in  Chief,  and  Admiral,  to  be  exercifed 
agreeably  to  the  rules  and  regulations  of  the  Conftitution, 
and  the  laws  of  the  land  :  Provided,  that  the  Governor  fhall 
not,  at  any  time  hereafter,  by  virtue  of  any  power  by  this 
Conftitution  granted,  or  hereafter  to  be  granted  to  him  by  the 
Legiflature,  tranfport  any  of  the  inhabitants  of  this  State, 
or  oblige  them  to  march  out  of  the  limits  of  the  fame,  with¬ 
out  their  free  and  voluntary  confent,  or  the  confent  of  the 
General  Court,  nor  grant  commifiions  for  exercifing  the  law- 
martial  in  any  cafe,  without  the  advice  and  confent  of  the 
Council. 

The  power  of  pardoning  offences,  except  fuch  as  perfons 
may  be  convi&ed  of  before  the  Senate,  by  impeachment  of 
the  Houfe,  fhall  be  in  the  Governor,  by  and  with  the  advice 
of  the  Council  :  But  no  charter  of  pardon  granted  by  the 
..Governor,  with  advice  of  Council,  before  conviftion,  fnall 
avail  the  party  pleading  the  fame,  notwithftanding  any  ge¬ 
neral  or  particular  expreftions  contained  therein,  defcriptive 
of  the  offence  or  offences  intended  to  be  pardoned. 

No  officer  duly  commiffioned  to  command  in  the  militia 
fhall  be  removed  from  his  office,  but  by  the  addrefs  of  both 
Houfes  to  the  Governor,  or  by  fair  trial  in  court-martial, 
purfuant  to  the  laws  of  the  State  for  the  time  being. 

The  commanding  officers  of  the  regiments  fhall  appoint 
their  Adjutants  and  Quartot-Mafters  ;  the  Brigadiers,  their 
Brigade-Majors  ;  the  Mfljo&Generals,  their  Aids  ;  the  Cap¬ 
tains  and  Subalterns,  their  n<3h-commiffioned  officers. 

The  Governor  and  Council  ifcall  appoint  all  officers  of  the 
continental  army,  whom,  by  vth£ confederation  of  theUnited 
States,  it  is  provided  that  this  State  fhall  appoint ;  as  alfo  all 
officers  of  forts  and  garrifons. 

The  divifion  of  theTnilitia  into  brigades,  regiments,  and 
companies,  made  in  purfuance  of  the  militia  laws  now  in 
force,  fhall  be  confidered  as  the  proper  ciivifion  of  the  militia 
of  this  State,  until  the  fame  fhall  be  altered  by  feme  future 
iaw. 


24 


CONSTITUTION  OF 


No  monies  (hall  be  iffued  out  of  the  treafury  of  this  Stated 
and  difpofed  of,  (except  fuch  Aims  as  may  be  appropriated 
for  the  redemption  of  bills  of  credit,  or  Treafurer’s  notes,  or 
for  the  payment  of  intereft  arifing  thereon)  but  by  warrant  un¬ 
der  the  hand  of  the  Governor  for  the  time  being,  by  and 
with  the  advice  and  confent  of  the  Council,  for  the  neceflary 
fupport  and  defence  of  this  State,  and  for  the  neceffary  pro¬ 
tection  and  prefervation  of  the  inhabitants  thereof,  agreeably 
to  the  aCts  and  refolves  of  the  General  Court* 

All  public  boards,  the  Commilfary-General,  all  fuperin- 
tending  officers  of  public  magazines  and  (lores,  belonging  to 
this  State,  and  all  commanding  officers  of  forts  and  garrifons 
within  the  fame,  fhali,  once  in  every  three  months,  officially, 
and  without  requifition,  and  at  other  times  when  required  by 
the  Governor,  deliver  to  him  an  account  of  all  goods,  (lores, 
provifions,  ammunition,  cannon,  with  their  appendages,, 
and  fmall  arms,  with  their  accoutrements,  and  of  all  other 
public  property  under  their  care  refpeClively  ;  diftinguifhing 
the  quantity  and  kind  of  each,  as  particularly  as  may  be  ;  to¬ 
gether  with  the  condition  of  fuch  forts  and  garrifons :  And 
the  commanding  officer  (hall  exhibit  to  the  Governor,  when 
required  by  him,  true  and  exaCt  plans  of  fuch  forts,  and  of 
the  land  and  fea,  or  harbour  or  harbours  adjacent*. 

The  Governor  and  Council  (hall  be  compenfated  for 
their  fervices,  from  time  to  time,  by  fuch  grants  as  the  Ge¬ 
neral  Court  (hall  think  reafonable. 

Permanent  and  honourable  falaries  (hall  be  edabliihed  by 
law,  for  the  Jullices  of  the  Superior  Court. 

COUNCIL. 

THERE  (hall  be  annually  eledled,  by  ballot,  five  Coun¬ 
cillors,  for  advifing  the  Governor  in  the  executive  part  of 
government.  The  freeholders  and  other  inhabitants  in  each 
county,  qualified  to  vote  for  Senators,  (hall,  fome  time  in 
the  month  of  March,  give  in  their  votes  for  one  Councillor  ; 
which  votes  (hall  be  received,  forced,  counted,  certified,  and 
returned  to  the  Secretary’s  office,  in  the  fame  manner  as  the 
votes  for  Senators,  to  he  by  the  Secretary  laid  before  the  Se¬ 
nate  and  Houfe  of  Reprefentatives  on  the  lad  Wednefday  of 
Odober. 

And  the  perfon  having  a  majority  of  votes  in  any  county, 
fhali  be  conf.dered  as  duly  ele&ed  a  Councillor  :  But  if  no  per- 


NEW-HAMPSHIRE. 


*S 

for*  fh all  have  a  majority  of  votes  in  any  county,  the  Senate 
and  Houfe  of  Reprefentatives  fhall  take  the  names  of  the  two 
perfons  who  have  the  higheft  number  of  votes  in  each  county, 
and  not  eledted,  and  out  of  thofe  two  fhall  eledl,  by  joint  bal¬ 
lot,  the  Councillor  wanted  for  fuch  county. 

Provided neverthele/s ,  That  no  perfon  fhall  be  capable  of  be- 
ing  eledled  a  Councillor,  who  has  not  an  eftate  of  the  value  of 
five  hundred  pounds  within  this  State,  three  hundred  pounds 
of  which  (or  more;  fhall  be  a  freehold  in  his  own  right ;  and 
who  is  not  thirty  years  of  age  ;  and  who  fhall  not  have  been 
an  inhabitant  of  this  State  for  feven  years  immediately  pre¬ 
ceding  his  election  ;  and,  at  the  time  of  his  eledtion,  an  in¬ 
habitant  of  the  county  in  which  he  is  elected. 

The  Secretary  fhall,  annually,  feventeen  days  before  the 
laft  Wednefday  of  October,  give  notice  of  the  choice  of  the 
perfons  eledfed. 

If  any  perfon  fhall  be  eledted  Governor,  or  member  of 
either  branch  of  the  Legislature,  and  fhall  accept  the  truft  ; 
or  if  any  perfon,  eledted  a  Councillor,  fhall  refufe  to  accept 
the  office  ;  or  in  cafe  of  the  death,  refignation,  or  removal  of 
any  Councillor  out  of  the  State ;  the  Governor  may  iffue  a 
precept  for  the  eledtion  of  a  new  Councillor  in  that  county 
where  fuch  vacancy  fhall  happen  ;  and  the  choice  fhall  be  in 
the  fame  manner  as  before  diredted  ;  And  the  Governor  fhall 
have  full  power  and  authority  to  convene  the  Council,  from 
time  to  time,  at  his  diferetion  ;  and,  with  them,  or  the  majo¬ 
rity  of  them,  may,  and  fhall,  from  time  to  time,  hold  a  Coun¬ 
cil,  for  ordering  and  diredting  the  affairs  of  the  State,  accord* 
ing  to  the  laws  of  the  land. 

The  members  of  the  Council  may  be  impeached  by  the 
Houfe,  and  tried  by  the  Senate,  for  bribery,  corruption, 
mal-pradtice,  or  mal-adminiftration. 

The  refolutions  and  adrice  of  the  Council  fhall  be  record¬ 
ed  by  the  Secretary,  in  a  regifter,  and  figned  by  all  the  mem¬ 
bers  prefent  agreeing  thereto;  and  this  record  may  be  called 
for  at  any  time,  by  either  Houfe  of  the  Legiflature  ;  and  any 
member  of  the  Council  may  enter  his  opinion  contrary  to  the 
refolutions  of  the  majority,  with  the  reafons  for  fuch  opi¬ 
nion. 

.The  Legiflature  may,  if  the  public  good  fhall  hereafter 
require  it,  divide  the  ltate  into  five  diftridts,  as  nearly  equal 


26 


CONSTITUTION  Of 


ns  may  be,  governing  themfeWes  by  the  number  of  rateable 
polls,  and  proportion  of  public  taxes  ;  each  diftridl  to  elect  a 
Councillor  :  And,  in  cafe  of  fuch  divifion,  the  manner  of 
the  choice  (hall  be  conformable  to  the  prefent  mode  of  elefti- 
on  in  counties. 

And  whereas  the  ele&ions,  appointed  to  be  made  by  this 
Conftituticn,  on  the  lad  Wednefday  of  Oftober  annually,  by 
the  two  Houfes  of  the  Legislature,  may  not  be  completed  on 
that  day,  the  faid  elections  may  be  adjourned  from  day  to  day, 
until  the  fame  may  be  completed  :  And  the  order  of  the 
elections  (hall  be  as  follows — the  vacancies  in  the  Senate,  if 
any,  (hall  be  firit  filled  up  :  The  Governor  (hall  then  be 
elected,  provided  there  (hall  be  no  choice  of  him  by  the  peo¬ 
ple  :  And  afterwards,  the  two  Houfes  (hall  proceed  to  till  up 
the  vacancy,  if  any,  in  the  Council. 

Secretary,  Treasurer,  Commissary-General,  Sec. 

THE  Secretary,  Treafurer,  and  Commiffary-General, 
(hall  be  chofen  by  joint  ballot  of  the  Senators  and  Repreferi- 
tatives  aflembled  in  one  room. 

The  records  of  the  State  fhall  be  kept  in  the  office  of  the 
Secretary,  and  he  (hall  attend  the  Governor  and  Council, 
the  Senate,  and  Reprefentatives,  in  perfon,  or  by  Deputy, 
as  they  may  require. 

The  Secretary  of  the  State  (hall,  at  all  times,  have  a  De¬ 
puty,  to  be  by  him  appointed  ;  for  whofe  conduct  in  office  he 
(hall  be  refponfible.  And  in  cafe  of  the  death,  removal,  or 
inability,  of  the  Secretary,  his  Deputy  (hall  exercife  all  the 
duties  of  the  office  of  Secretary  of  this  State,  until  another 
(hall  be  appointed. 

The  Secretary,  before  he  enters  upon  the  bulinefs  of  his 
office,  fhall  give  bond,  with  fufficient  fureties,  in  a  reafona- 
ble  fum,  for  the  ufe  of  the  State,  for  the  pun&ual  perform¬ 
ance  of  his  trull. 


COUNTY  TREASURER,  &c. 

THE  County  Treafurers,  and  Regillers  of  Deeds,  (hall 
be  elected  by  the  inhabitants  of  the  feveral  towns,  in  the  fe- 
veral  counties  in  the  State,  according  to  the  method  now 
pra&ifed,  and  the  laws  of  the  State. 

Provided  ?ievcrthelefs>  The  Legiflature  (hall  have  authority 


NEW-HAMPSHIRE. 


27 


to  alter  the  manner  of  certifying  the  votes,  and  the  mode  of 
eleding  thofe  officers  ;  but  not  fo  as  to  deprive  the  people  of 
the  right  they  now  have  of  electing  them. 

And  the  Legislature,  on  the  application  of  the  major  part 
of  the  inhabitants  of  any  county,  fhall  have  authority  to  di¬ 
vide  the  fame  into  two  diftrids  for  regiftering  deeds,  if  to 
them  it  (hall  appear  neceffiary;  each  diftrid  to  eled  a  Regif- 
ter  of  Deeds :  And  before  they  enter  upon  the  bufinefs  of 
their  offices,  fhall  be  refpedively  fworn  faithfully  to  difcharge 
the  duties  thereof,  and  fhall  feverally  give  bond,  with  fuffi- 
ent  fureties,  in  a  reafonable  fum,  for  the  ufe  of  the  county, 
for  the  punctual  performance  of  their  refpedive  trufls. 

JUDICIARY  POWER. 

IT  fnall  be  the  duty  of  the  General  Court  to  make  a  reform 
in  the  Judiciary  Syflem,  that  juftice  may  be  adminiftered  in  a 
more  cheap  and  expeditious  manner  than  is  now  pradifed, 
and  that  no  party  fhall  have  a  review  after  the  caufe  has  been 
determined  againft  him  twice  by  Jury. 

The  General  Court  are  hereby  empo’wered  to  make  altera¬ 
tions  in  the  power  and  jurifdidion  of  the  Courts  of  Common 
Pleas,  and  General  Seffions  of  the  Peace,  refpedively  ;  or,  if 
they  fhall  judge  it  neceffiary  for  the  public  good,  to  abolifh 
thofe  Courts,  or  either  of  them,  and  inveft  fuch  other  Courts, 
as  they  may  etlablifh,  with  the  jurifdidion  and  powers  now 
veiled  in  the  Court  of  Common  Pleas,  and  Courts'  of  Gene¬ 
ral  Seffions  of  the  Peace,  as  the  General  Court  may,  from 
time  to  time,  judge  expedient  for  the  due  adminiflration 
of  law  and  juftice. 

And  it  fhall  be  the  duty  of  the  General  Court,  to  veft  in 
fuch  Court  or  Courts  of  law  as  to  them  may  appear  expedient, 
the  power  of  granting  new  trials,  or  a  trial  after  judgment, 
either  upon  verdid  of  a  Jury,  default,  nonfuit,  or  com¬ 
plaint,  for  affirmation  of  judgment,  in  all  cafes  where  fub- 
ftantial  juftice  has  not  been  done,  except  as  before  excepted, 
in  fuch  manner,  and  under  fuch  reftridions  and  regulations, 
as  to  the  General  Court  may  appear  for  the  public  good  : 
Provided  application  be  made  for  fuch  review  or  trial  within 
one  year  from  the  rendition  of  judgment. 

For  the  more  effiedual  preferving  the  proper  reparation  of 
the  three  great  powers  of  government,  agreeably  to  the  37th 


CONSTITUTION  OF 


1$ 

Article  in  the  Bill  of  Rights,  the  power  of  hearing  and  decid-- 
ing  incaufes  of  equity  fhall  be  verted  either  in  fome  Judicial 
Court,  or  Courts,  or  in  fome  court  to  be  eftablilhed  fpecially 
for  that  purpofe  :  Provided  no  power  fhall  be  granted  to  any 
fuch  Courts,  incompatible  with  the  Bill  of  Rights  and  Con- 
ftitution.  And  the  powers  of  faid  Courts  fhall  be  limited  and 
defined  by  exprefs  laws  :  And  no  fuit  in  equity  fhall  be  fuf- 
tained  where  clear  and  adequate  remedy  may  be  had  at  law. 

The  General  Court  are  empowered  to  give  to  Jurtices  of  tha 
peace,  jurifdidion  in  civil  caufes,  when  the  damages  demand¬ 
ed  (hall  not  exceed  four  pounds ,  and  title  of  real  eflate  is  not 
concerned  :  but  with  right  of  appeal,  to  either  party,  to  fame 
other  Court,  fo  that  a  trial  by  Jury  in  the  laft  refort  may  be 
had. 

No  perfon  fhall  hold  the  office  of  Judge  of  any  Court,  or 
Judge  of  Probate,  or  Sheriff  of  any  county,  after  he  has  at¬ 
tained  the  age  of  feventy  years. 

No  Judge  of  any  Court,  or  Juftice  of  the  Peace,  fhall  ad 
as  Attorney,  or  be  of  counfel,  to  any  party,  or  originate  any 
civil  fuit,  in  matters  which  fhall  come  or  be  brought  before 
him  as  Judge,  or  J  uftice  of  the  Peace. 

All  matters  relating  to  the  probate  of  wills,  and  granting 
letters  of  adminiftration,  fhall  be  exercifed  by  the  Judges  of 
Probate,  in  fuch  manner  as  the  Legiftature  have  di reded,  or 
may  hereafter  dircd :  And  the  Judges  of  Probate  fhall  hold 
their  Courts  at  fuch  place  or  places,  on  fuch  fixed  days,  as 
the  conveniency  of  the  people  may  require,  and  the  Legifla- 
ture  from  time  to  time  appoint. 

No  Judge,  or  Regifter  of  Probate,  fhall  be  of  counfel,  ad 
as  advocate,  or  receive  any  fees  as  advocate  or  counfel,  in 
any  probate  bufinefs  which  is  pending,  or  may  be  brought 
into  any  Court  of  Probate  in  the  county  of  which  he  is  Judge 
or  F.egifter. 

CLERKS  of  COURT. 

THE  Judges  of  the  Courts  (thofe  of  probate  excepted) 
fhall  appoint  their  refpedive  Clerks,  to  hold  their  office  dur¬ 
ing  pleafure  :  And  no  fuch  Clerk  fhall  ad  as  an  Attorney, 
or  be  of  counfel,  in  any  caufe  in  the  Court  of  which  he  is 
Clerk,  nor  fhall  he  draw  any  writ  originating  a  civil  adion. 


NEW-HAMPSHIRE. 


2gr 

ENCOURAGEMENT  of  LITERATURE,  &c. 
KNOWLEDGE  and  learning,  generally  diffufed  through 
a  community,  being  effential  to  the  prefervation  of  a  free  go¬ 
vernment  :  and  fpreading  the  opportunities  and  advantages  of 
education  through  the  various  parts  of  the  country,  being 
highly  conducive  to  promote  this  end  ;  it  (hall  be  the  duty  of 
the  Legiflators  and  Magiftrates,  in  all  future  periods  of  this 
government,  to  cherilh  the  interefb  of  literature  and  the  fci- 
ences,  and  all  feminaries  and  public  fchools,  to  encourage 
private  and  public  inftitutions,  rewards  and  immunities  for 
the  promotion  of  agriculture,  arts,  fciences,  commerce, 
trades,  manufactures,  and  natural  hiftory  of  the  country  ;  to 
countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  induftry  and 
ceconomy,  honelty  and  punctuality,  fincerity,  fobriety,  and 
all  focial  affections,  and  generous  femiments,  among  the 
people. 

OATH  and  Subfcriptions  ;  Exclujion  from  Offices  :  Convntfjl- 
ons ;  Writs;  Confirmation  of  Laws;  Habeas  Corpus ;  the 
Enabling  Stile;  Cont'muance  of  Officers;  Prone  if  on  for  a 
future  Rev  if  on  of  the  Conflitufiony  Cf  c. 

ANY  perfon  chofen  Governor,  Councillor,  Senator,  or 
Representative,  military  or  civil  officer,  (town  officers  ex¬ 
cepted)  accepting  the  truft,  fhall  before  he  proceeds  to  exe¬ 
cute  the  duties  of  his  office,  make  and  fubferibe  the  follow¬ 
ing  declaration,  viz. 

I,  A.  B.  do  folemnly  fwear,  that  I  will  bear  faith  and  true 
allegiance  to  the  Hate  of  New-Hampfhire,  and  will  fupport 
the  Conftitution  thereof.  So  help  me  God . 

I,  A.  B.  do  folemnly  and  fincerely  fwear  and  affirm,  that 
I  will  faithfully  and  impartially  difeharge  and  perform  all  the 
duties  incumbent  on  nae  as  according  to  the  belt 

of  my  abilities,  agreeably  to  the  rules  and  regulations  of  this 
Conftitution,  and  the  laws  of  the  ftate  of  New-Hampfhire. 
So  help  me  God. 

Any  perfon  having  taken  and  fubferibed  the  oath  of  allegL 
ance,  and  the  fame  being  filed  in  the  Secretary’s  office,  he  fhall 
not  be  obliged  to  take  faid  oath  again. 

Provided  always ,  When  any  perfon  chofen  or  appointed  as 
aforefaid,  (ball  be  of  the  denomination  called  Qa.ikei*.  or 

D 


3 o 


CONSTITUTION  OF 


fhall  be  fcrupulous  of  fwearing,  and  fhall  decline  taking  the 
faid  oaths,  fuch  fhall  take  and  fubfcribe  them,  omitting  the 
wor d  fiuear  and  likevvife  the  words  So  help  me  God ,  fubjoining 
inftead  thereof,  This  I  do  under  the  pains  and  penalties  of  per - 
jury. 

And  the  oaths  or  affirmations  fhall  be  taken  and  fubfcribed 
by  the  Governor,  before  the  Frefident  of  the  Senate,  in  pre- 
fence  of  both  Houfes  of  the  Legiflature,  and  by  the  Senators 
and  Reprefentatives  firfl  ele&ed  under  this  Conftitution,  as 
altered  and  amended,  before  the  Prefident  of  the  State,  and 
a  majority  of  the  Council  then  in  office,  and  forever  after¬ 
wards  before  the  Governor  and  Council  for  the  time  being  ; 
and  by  all  other  officers,  before  fuch  perfons,  and  in  fuch 
manner,  as  the.  Legiflature  fhall  from  time  to  time  appoint. 

All  commiffions  fhall  be  in  the  name  of  the  State  of  New- 
Hampfhire,  figned  by  the  Governor,  and  attefted  by  the 
Secretary  or  his  Deputy,  and  fhall  have  the  great  feal  of  the 
State  affixed  thereto. 

All  writs  iffuing  out  of  the  Clerk's  office  In  any  of  the 
Courts  of  Law,  fhall  be  in  the  name  of  the  State  of  New- 
Hampfhire  ;  fhall  be  under  the  feal  of  the  Court  whence  they 
iffue,  and  bear  teft  of  the  chief,  firfl,  or  fenior  Juftice  of  the 
Court ;  but  when  fuch  Juftice  fhall  be  interefted,  then  the 
writ  fhall  bear  teft  of  fome  other  Juftice  of  the  Court,  to 
which  the  fame  fhall  be  returnable  j  and  be  figned  by  the 
Clerk  of  fuch  Court. 

All  indidments,  preferments,  and  informations,  fhall 
conclude  againfi  the  peace  and  dignity  of  the  State. 

The  eftate  of  fuch  perfons  as  may  deftroy  their  own  lives, 
fhall  not  for  that  offence  be  forfeited,  but  defcend  or  afcend 
in  the  fame  manner,  as  if  fuch  perfons  had  died  in  a  natural 
v/ay.  Nor  fhall  any  article,  which  fnali  accidentally  occafion 
the  death  of  any  perfon,  be  henceforth  deemed  a  deodand, 
or  in  any  wife  forfeited  on  account  of  fuch  misfortune. 

All  the  laws  which  have  heretofore  been  adopted,  ufed, 
and  approved,  in  the  Province,  Colony,  or  State  of  New- 
Hamplhire,  and  ufually  prattifed  on  in  the  Courts  of  Law, 
fhall  remain  and  be  in  full  force,  until  altered  and  repealed 
by  the  Legiflature  :  fuch  parts  thereof  only  excepted,  as  are 
repugnant  ro  die  rights  and  liberties  contained  in  this  Con¬ 
ftitution  ;  Provided  that  nothing  herein  contained,  when 


NEW-HAMPSHIRE. 


3l 


compared  with  the  23d  Article  in  the  Bill  of  Rights,  fhall 
beconftrued  to  affeft  the  laws  already  made  refpe&ing  the 
perfons,  or  eftates,  of  abfentees. 

The  privilege  and  benefit  of  the  Habeas  Corpus,  {hall  be 
enjoyed  in  this  State,  in  the  moft  free,  eafy,  cheap,  expedi¬ 
tious  and  ample  manner,  and  (hall  not  be  fufpended  by  the 
Legiflature,  except  upon  the  moft  urgent  and  preiling  occa- 
ftons,  and  for  a  time  not  exceeding  three  months. 

The  enabling  ftile  in  making  and  palling  a£ts,  ftatutes,  and 
laws,  fhall  be — Be  it  entitled  by  the  Senate  and  Hou/e  of  Rcpre- 
fentaticvesi  m  General  Court  cotvvened. 

No  Governor,  or  Judge  of  the  Supreme  judicial  Court, 
fhall  hold  any  office  or  place  under  the  authority  of  this  State, 
except  fuch  as  by  this  Conftitution  they  are  admitted  to  hold, 
faving  that  the  Judges  of  the  faid  Court  may  hold  the  offices 
of  Juftice  of  the  Peace  throughout  the  State  ;  nor  fhall  they 
hold  any  place  or  office,  or  receive  any  penfton  or  falary,  from 
any  other  ftate,  government,  or  power,  whatever. 

No  perfon  fhall  be  capable  of  exercifmg,  at  the  fame  time, 
more  than  one  of  the  following  offices  within  this  State,  viz. 
Judge  of  Probate,  Sheriff,  Regifter  of  Deeds;  and  never 
more  than  two  offices  of  profit,  which  may  he  held  by  ;p- 
pointment  of  the  Governor,  or  Governor  and  Council,  or 
Senate  and  Houfe  of  Reprefentatives,  or  Superior  or  Inferior 
Courts,  military  offices,  and  offices  of  Juflices  of  the  Peace, 
excepted* 

No  perfon  holding  the  office  of  Judge  of  any  Court,  (ex¬ 
cept  Special  Judges)  Secretary,  Treafurer  of  the  State,  At¬ 
torney-General,  Commifiary-General,  military  officers  re¬ 
ceiving  pay  from  the  continent  or  this  State,  (excepting  offi¬ 
cers  of  the  militia,  occafionally  called  forth  on  an  emergency) 
Regifter  of  Deeds,  Sheriff,  or  officers  of  the  cuftoms,  includ 
ing  naval  officers,  collectors  of  excife,  and  ftate  and  conti¬ 
nental  taxes,  hereafter  appointed,  and  not  having  fettled  their 
accounts  with  the  refpeftive  officers  with  whom  it  it  their 
duty  to  fettle  fuch  accounts,  members  of  Congrefs,  or  any 
perfon  holding  any  office  under  the  United  States,  fhall  at  the 
fame  time  hold  the  office  of  Governor,  or  have  a  feat  in  the 
Senate,  or  Houfe  of  Reprefentatives,  or  Council  ;  but  his 
being  chofen  and  appointed  to,  and  accepting  the  fame,  fhall 
operate  as  a  reftgnation  of  their  feat  in  the  chair.  Senate,  or 


3-2 


CONSTITUTION  OF 


Houfe  of  Representatives,  or  Council  :  and  the  place  To  va¬ 
cated  fhall  be  filled  up.  No  member  of  the  Council  fhall 
have  a  feat  in  the  Senate  or  Houfe  of  Reprefentatives. 

No  perfon  fhall  ever  be  admitted  to  hold  a  feat  in  the  Le- 
giflat  ure,  or  any  office  of  truft  or  importance  under  this  go¬ 
vernment,  who,  in  the  due  courfe  of  law,  has  been  con¬ 
victed  of  bribery  or  corruption,  in  obtaining  an  election  or 
appointment. 

In  all  cafes  where  fums  of  money  are  mentioned  in  this 
Conftitution,  the  value  thereof  fhall  be  computed  in  filver 
at  Jix  /billings  and  eight  fence  per  ounce. 

To  the  end  that  there  may  be  no  failure  of  juftice,  or  dan¬ 
ger  to  the  State,  by  the  alterations  and  amendments  made  in 
the  Conftitution,  the  General  Court  is  hereby  fully  autho¬ 
rised  and  directed  to  fix  the  time  when  the  alterations  and 
amendments  fhall  take  effeft,  and  make  the  necefifary  arrange¬ 
ments  accordingly. 

It  fhall  be  the  duty  of  the  Sele&men,  and  a  fie  {Tors,  of  the 
feyeral  towns  and  places  in  this  State,  in  warning  the  firft  an¬ 
nual  meeting  for  the  choice  of  Senators,  after  the  expiration 
of  feven  years  from  the  adoption  of  this  Conftitution,  as  a- 
niended,  to  infert  exprefsly  in  the  warrant,  thispurpofe,  a- 
mong  the  others  for  the  meeting,  to  wit,  to  take  the  fenfe  of 
vhe  qualified  voters  on  the  fubjedt  of  a  revifion  of  the  Confti¬ 
tution  ;  and  the  meeting  being  warned  accordingly,  and  not 
orherwife,  the  Moderator  fhall  take  the  fenfe  of  the  qualified 
voters  prefent,  as  to  the  neceffity  of  a  revifion  ;  and  a  return 
of  the  number  of  votes  for  and  againft  fuch  neceffity,  fhall  be 
made  by  the  Clerk,  fealed  up,  and  dire&ed  to  the  General 
Court,  at  their  then  next  feffion  ;  and  if  it  (hall  appear  to  the 
General  Court  by  fuch  return,  that  the  fenfe  of  the  people  of 
the  State  has  been  taken,  and  that,  in  the  opinion  of  the  majo¬ 
rity  of  the  qualified  voters  in  the  State,  prefent  and  voting  at 
faid  meetings,  there  is  a  neceffity  for  a  revifion  of  the  Ccnfti- 
tuiion,  it  fhall  be  the  duty  of  the  General  Court  to  call  a  Con¬ 
vention  for  that  purpofe,  otherwife  the  General  Court  fhall 
direct  the  fenfe  of  the  people  to  be  taken,  and  then  proceed 
in,  the  manner  before  mentioned.  The  delegates  to  be  chofea 
in  the  fame  manner,  and  proportioned,  as  the  Reprefentatives 
to  the  General  Court  ;  provided  that  no  alterations  fhall  be 
/nude  in  this  Conftitution,  befoie  the  fame  fhall  be  laid  before 


MASSACHUSETTS. 


33 


the  towns  and  unincorporated  places,  and  approved  by  two- 
thirds  of  the  qualified  voters  prefent  and  voting  on  the  Tub- 

And  the  fame  method  of  taking  the  fenfe  of  the  people,  as 
to  a  revifion  of  the  Conftitution,  and  calling  a  Convention 
for  that  purpofe,  (hall  be  obferved  afterwards  at  the  expirati¬ 
on  of  every  feven  years^ 

This  form  of  government  fhall  be  enrolled  on  parchment* 
and  depofited  in  the  Secretary’s  office,  and  be  a  part  of  the 
laws  of  the  land  ;  and  printed  copies  thereof  fhall  be  prefixed 
to  the  books  containing  the  laws  of  this  State,  in  all  future 
editions  thereof, 

JOHN  PICKERING,  Prefident*  P.  T, 
At  tell,  JOHN  CALFE,  Secretary, 


MASSACHUSETTS. 

A  Conftitution  cr  Frame  of  Government,  agreed  upon  by  the 
Delegates  of  the  People  of  the  State  of  Maffachufetts  Pay,  in 
Convention ,  begun  and  held  at  Cambridge ,  on  the  firf  of 
September ,  1779,  and  continued  by  adjournments $  to  the  Je- 
■cond  of  March ,  1780. 

PREAMBLE. 

HE  end  of  the  inftitution,  maintenance  and  adminiflra- 
tion  of  Government,  is  to  fecure  the  exiftence  of  the 
body  politic,  to  protect  it,  and  to  furnifh  the  individuals,  wh© 
tompofe  it,  with  the  power  of  enjoying,  in  fafety  and  tran¬ 
quillity,  their  natural  rights,  and  the  bleffings  of  life  :  and 
whenever  thefe  great  objeds  are  not  obtained,  the  people  have 
a  right  to  alter  the  Government,  and  to  take  meafutes,  necef- 
fary  for  their  fafety,  profperity  and  happinefs,. 

The  body  politic  is  formed  by  a  voluntary  affoclation  of 
individuals.  It  L  a  focial  compaft,  by  which  the  whole  peo¬ 
ple  covenants  with  each  citizen,  and  each  citizen  with  the 
whole  people,  that  all  fhall  be  governed  by  certain  laws  for 
the  common  good.  It  is  the  duty  of  the  people,  therefore,  m 

D  z 


CONSTITUTION  OF 


34- 

framing  a  conftitution  of  government,  to  provide  for  anequi- 
table  mode  of  making  laws,  as  well  as  for  an  impartial  inter¬ 
pretation,  and  a  faithful  execution  of  them  :  that  every  man 
may,  at  all  times,  find  his  fecurity  in  them. 

We,  therefore,  the  people  of  MalTachufetts,  acknowledging, 
with  grateful  hearts,  the  goodnefs  of  the  Great  Legillator  of 
the  univerfe,  in  affording  us,  in  the  courfe  of  his  providence, 
an  opportunity,  deliberately  and  peaceably,  without  fraud, 
violence,  or  furprife,  of  entering  into  an  original,  explicit, 
and  folemn  compact  with  each  other — and  of  forming  a  new 
conftitution  of  civil  government,  for  ourfelves  and  pofterity  | 
- — and  devoutly  imploring  his  direction  in  fo  interefting  a  de- 
iign,  do  agree  upon,  ordain,  and  eftablifh,  the  following  de¬ 
claration  of  rights,  and  frame  of  government,  as  the  confti- 
tution  of  the  commonwealth  of  Maffachufetts. 


Fart  I. 

A  declaration  of  rights ,  of  the  inhabitants  of  the  com?non~ 

' wealth  of  Majfachufetts. 

Art .  I.  All  men  are  born  free  and  equal,  and  have  certain 
natural,  effential,  and  unalienable  rights. :  among  which  may 
foe  reckoned  the  right  of  enjoying  and  defending  their  lives  and 
liberties;  that  of  acquiring,  pofieffing,  and  protedling  proper¬ 
ty  ;  in  fine,  that  of  feeking  and  obtaining  their  fafety  and 
happinefs. 

II.  It  is  the  right,  as  well  as  the  duty,  of  all  men  in  fb- 
ciety,  publicly,  and  at  ftated  feafons,  to  worfhip  the  Supreme 
Iking,  the  great  Creator  and  Preferver  of  the  univerfe.  And 
no  fubjeft  fhall  be  hurt,  molefted,  or  retrained,  in  his  perfon, 
liberty,  or  eftate  for  worfhipping  God  in  the  manner  and  fea- 
ibn,  moft  agreeable  to  the  didates  of  his  own  confidence  ;  or 
for  his  religious  profeflion  cr  fentiments— -provided  he  doth 
not  difturb  the  public  peace,  or  obflrud  others  in  their  reli¬ 
gious  worihip. 

III.  As  the  happinefs  of  a  people,  and  the  good  order  and 
prefervation  of  civil  government,  efl'entially  depend  upon 
piety,  religion  and  morality;  and  as  thefe  cannot  be  gene¬ 
rally  diffufed  through  a  community,  but  by  the  inftitution  of 
the  pub  ic  worfhip  of  Ged,  and  of  public  inftrudions  in  piety, 
adigion,  and  morality : —  Therefore,  to  promote  their  happi- 
sefs^  -and  to  fecure  the  good  order  and  prefer  Yation  of  their 


MASSACHUSETTS. 


government,  the  people  of  this  commonwealth  have  a  right 
to  in  veil  their  Legislature  with  power  to  authorife  and  require, 
and  the  Legiilature  dial!,  from  time  to  time,  authorife  and 
Require  the  feveral  towns,  parifhes,  precinCts,  and  other  bo¬ 
dies  politic,  or  religious  focieties>  to  make  fuitable  provi- 
fion,  at  their  own  expence,  for  the  inftitution  of  the  public 
worfhip  of  God,  and  for  the  fupport  and  maintenance  of  pub¬ 
lic  Proteftanc  teachers  of  piety,  religion,  and  morality,  in 
all  cafes,  where  fuch  provision  fhall  not  be  made  voluntarily. 

And  the  people  of  this  commonwealth  have  alfo  a  right 
to,  and  do,  inveft  their  Legiilature  with  authority,  to  en¬ 
join,  upon  all  the  fubjeCts,  an  attendance  upon  the  indruc- 
tions  of  the  public  teachers,  as  aforefaid,  at  dated  times  and 
feafons,  if  there  be  any,  on  whofe  indruCtions  they  can  con- 
fcicntioufly  and  conveniently  attend  : — 

Provided,  notwithftanding,  that  the  feveral  towns,  pa¬ 
rifhes,  preempts,  and  other  bodies  politic,  or  religious  foci- 
eties,  fhall,  at  all  times,  have  the  exclufive  right  of  elect¬ 
ing  their  public  teachers,  and  of  contracting  with  them,  for 
their  fupport  and  maintenance. 

And  all  monies,  paid  by  the  fubjeCt,  to  the  fupport  of 
public  worfhip,  and  of  the  public  teachers  aforefaid,  fhall, 
if  he  require  it,  be  uniformly  applied  to  the  fupport  of  the 
public  teacher,  or  teachers,  of  his  own  religious  feCt  or  de¬ 
nomination,  provided  there  be  any,  on  whofe  inftruCtions  he 
attends,  otherwife  it  may  be  paid  towards  the  fupport  of  the 
teacher,  or  teachers,  of  the  parifh,  or  precinCi,  in  which 
the  faid  monies  are  raifed. 

And  every  denomination  of  Chriftians,  demeaning  them- 
felves  peaceably,  and  as  good  fubjeCts  of  the  commonwealth, 
fhall  be  equally  under  the  protection  of  the  law  :  and  no  fub- 
ordination  of  any  one  feCt  or  denomination,  to  another, 
fhall  ever  be  eftabliihed  by  law* 

IV.  The  people  of  this  commonwealth  have  the  foie  and 
exclufive  right  of  governing  themfelves,  as  a  free,  fovereign, 
and  independent  State  :  and  do,  and  forever  hereafter  fhall, 
exercife  and  enjoy  every  power,  jurifdiCtioo,  and  right, 
which  is  not,  or  may  not  hereafter,  be  by  them  exprefsly 
delegated  to  the  United  States  of  America,  in  Congrefs  aL 
feibled. 


36 


CONSTITUTION  OF 


V.  All  power  refiding  originally  in  the  people,  and  being 
derived  from  them — the  feveral  magiftrates,  and  officers  of 
government,  veiled  with  authority,  whether  legiflative,  ex¬ 
ecutive,  or  judicial,  are  their  fubftitutes  and  agents,  and  are 
at  all  times,  accountable  to  them* 

VI.  No  man,  or  corporation,  or  affiociation  of  men,  have 
any  other  title,  to  obtain  advantages,  or  particular  and  ex- 
clulive  privileges,  diftindl  from  thofe  of  the  community, 
than  what  arifes  from  the  confideration  of  fervices,  rendered 
to  the  public.  And  this  title  being,  in  nature,  neither  he¬ 
reditary,  nor  tranfmiffible  to  children,  o~  defeendants,  or  re¬ 
lations  by  blood, — the  idea  of  a  man,  born  a  magiftrate, 
law-giver,  or  judge,  is  abfurd  and  unnatural. 

VII.  Government  is  inftituted  for  the  common  good  ;  for 
the  protection,  fafety,  profperity,  and  happinefs  of  the  peo¬ 
ple  ;  and  not  for  the  profit,  honour,  or  private  intereft  of 
any  one  man,  family,  or  clafs  of  inen.  Therefore,  the  peo¬ 
ple  alone  have  an  inconteftible,  unalienable,  and  indefeasible 
right,  to  inflitute  government ;  and  to  reform,  alter,  or  to¬ 
tally  change  the  fame,  when  their  protection,  fafety,  prof¬ 
perity  and  happinefs,  require  it. 

VIII.  In  order  to  prevent  thofe,  who  are  veiled  with  au¬ 
thority,  from  becoming  oppreffors,  the  people  have  a  right, 
at  fuch  periods,  and  in  fuch  manner,  as  they  Shall  eftablifh 
by  their  frame  of  government,  to  caufe  their  public  officers 
to  return  to  private  life  ;  and  to  fiil  up  vacant  places,  by  cer- 
tain  and  regular  elections  and  appointments. 

IX.  Ail  elections  ought  to  be  free  ;  and  all  the  inhabi¬ 
tants  of  this  commonwealth,  having  fuch  qualifications,  as 
they  fhall  eftablifh  by  their  frame  of  Government,  have  an 
equal  right,  to  ekCt  officers,  and  to  be  eleCted  for  public 
employments. 

X.  Each  indiv  idual  of  the  fociety  has  a  right,  to  be  pro¬ 
tected  by  it,  in  the  enjoyment  of  his  life,  liberty,  and  pro¬ 
perty,  according  to  Handing  laws.  He  is  obliged,  confe- 
quently,  to  contribute  his  fhare,  to  the  expence  of  this  pro¬ 
tection  ;  to  give  his  perfonal  fervice,  or  an  equivalent,  when 
neceffary.  But  no  part  of  the  property  of  any  individual 
can,  with  juitice,  be  taken  from  him,  or  applied  to  public 
ufes,  without  his  own  confent,  or  that  of  the  reprefentative 
body  of  the  people.  In  fine,  the  people  of  this  common- 


MASSACHUSETTS. 


37 


wealth  are  not  controllable  by  any  other  laws,  than  thofe, 
to  which  their  conftitutional  representative  body  have  given 
their  confent.  And  whenever  the  public  exigencies  require, 
that  the  property  of  any  individual  Should  be  appropriated 
to  public  ufes,  he  Shall  receive  a  reafonable  compenfation 
therefor. 

XL  Every  fubjeft  of  the  commonwealth  ought  to  find  a 
certain  remedy,  by  having  recourSe  to  the  laws,  for  all  in¬ 
juries  or  wrongs,  which  he  may  receive,  in  his  perfon, 
property,  or  chara&er.  He  ought  to  obtain  right  and  juf- 
tice  freely,  and  without  being  obliged  to  purchafe  it — com¬ 
pletely,  and  without  any  denial — promptly,  and  without  de¬ 
lay — conformable  to  the  laws. 

XII.  No  fubjedl  Shall  be  held  to  anSwer  for  any  crime  of 
offence,  until  the  Same  is  fully  and  plainly,  fubftantially  and 
formally,  defcribed  to  him  ;  or  be  compelled  to  accuSe,  or 
furnifh  evidence  againft  himfelf.  And  every  fubjecft  Shall 
have  a  right  to  produce  all  proofs,  that  may  be  favourable 
to  him  ;  to  meet  the  witneffes  againft  him,  face  to  face,  and 
to  be  fully  heard  in  his  defence,  by  himfelf,  or  his  council, 
at  his  ele&ion.  And  no  fubjeft  Shall  be  arrefted,  imprifoned 
or  defpoilcd,  or  deprived  of  his  property,  immunities,  or 
privileges,  put  out  of  the  proteftion  of  the  law,  exiled,  or 
deprived  of  his  life,  liberty  or  eftate,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land. 

And  the  Legislature  Shall  not  make  any  law,  that  fiiall 
fubjeft  any  perfon  to  a  capital  or  infamous  punishment,  (ex¬ 
cepting  for  the  government  of  the  army  and  navy)  without 
trial  by  jury. 

XIII.  In  criminal  profecutions,  the  verification  of  fa&s, 
in  the  vicinity  where  they  happen,  is  one  of  the  greateft  Se¬ 
curities  cf  the  life,  liberty  and  property  of  the  citizen. 

XIV.  Every  fubjedt  has  a  right  to  be  fecure  from  all  un« 
reafonable  fearche$,  and  feizures,  of  his  perfon,  his  houfes, 
his  papers,  and  all  his  pofleffions.  All  warrants,  therefore, 
are  contrary  to  this  right,  if  the  caufe  or  foundation  of  them 
be  not  previously  fupported  by  oath  or  affirmation  ;  and  if 
the  order,  in  a  warrant  to  a  civil  officer,  to  make  fearch  in 
all  fufpe&ed  places,  or  to  arreft  one  or  more  fufpe&ed  per- 
fons,  or  to  feize  their  property,  be  not  accompanied  with  a 
fpecial  designation  of  the  perfqns  or  objects  of  fearch,  arreft. 


38 


CONSTITUTION  OF 


r 


or  feizure.  And  no  warrant  ought  to  be  iffued,  but  in  cafes, 
end  with  the  formalities,  preferibed  by  the  laws. 

XV.  In  all  controverfies  concerning  property,  and  in  all 
fuits  between  two  or  more  perfons,  (except  in  cafes,  in 
which  it  has  heretofore  been  otherwife  ufed  and  praftifed) 
the  parties  have  a  right  to  a  trial  by  a  jury  ;  and  this  method 
of  procedure  fhall  be  held  facred  ;  un^efs,  in  caufes  arifing 
on  the  high  feas,  and  fuch  as  relate  to  mariner’s  wages,  the 
Legillature  fhall  hereafter  find  it  neceffary  to  alter  it. 

XVI.  The  liberty  of  the  prefs  is  effential  to  the  fecurity 
of  freedom  in  a  ftate  ;  it  ought  not,  therefore,  to  be  re¬ 
trained  in  this  commonwealth. 

XVII.  The  people  have  a  right  to  keep  and  to  bear  arms 
for  the  common  defence.  And  as,  in  time  of  peace,  armies 
are  dangerous  to  liberty,  they  ought  not  t©  be  maintained, 
without  the  confent  of  the  Legillature  ;  and  the  military 
power  fhall  always  be  held  in  exad  fubordination  to  the  civil 
authority,  and  be  governed  by  it. 

XVIII.  A  frequent  recurrence  to  the  fundamental  princi¬ 
ples  of  the  conftitution,  and  a  conftant  adherence  to  thofe  of 
piety,  juftice,  moderation,  temperance,  induftry,  and  fru¬ 
gality,  are  abfolutely  neceffary,  to  preferve  the  advantages 
of  liberty,  and  to  maintain  a  free  government.  The  people 
ought,  confequently,  to  have  a  particular  attention  to  all 
thofe  principles,  in  the  choice  of  their  officers  and  reprefenta- 
tives ;  and  they  have  a  right  to  require  of  their  law-givers 
and  rnagiftrates,  an  exaft  and  conftant  obfervance  of  them, 
in  the  formation  and  execution  of  all  laws,  neceffary  for  the 
good  adminiftration  of  the  commonwealth. 

XIX.  The  people  have  a  right,  in  an  orderly  and  peace¬ 
able  manner,  to  affemble  to  confult  upon  the  common  good  ; 
give  inftrudions  to  their  reprefentatives  ;  and  to  requeft  of 
the  legillative  body,  by  the  way  of  addreffes,  petitions  or 
remonftrances,  redrefs  of  the  wrongs  done  them,  and  of  the 
grievances  they  fufrer. 

XX.  The  power  of  fufpending  the  laws,  or  the  execution 
of  the  laws,  ought  never  to  be  exercifed,  but  by  the  Legifla- 
ture  ;  or  by  authority  derived  from  it,  to  be  exercifed  in 
fuch  particular  cafes  only,  as  the  Legillature  fhall  exprefsly 
provide  for. 


MASSACHUSETTS, 


39 


XXI.  The  freedom  of  deliberation,  fpeech,  and  debate,  in 
either  Houfe  of  the  Legiflature,  isfo  eftential  to  the  rights  of 
the  people,  that  it  cannot  be  the  foundation  of  any  accufa- 
tion  or  profecution,  adlion,  or  complaint,  in  any  other  court 
or  place  whatfoever. 

XXII.  The  Legiflature  ought  frequently  to  aflemble,  for 
the  redrefs  of  grievances,  for  correcting,  {Lengthening,  and 
confirming  the  laws,  and  for  making  new  laws,  as  the  com¬ 
mon  good  may  require. 

XXIII.  No  fubfidy,  charge,  tax,  impofl,  or  duties,  ought 
to  be  eftablifhed,  fixed,  laid,  or  levied,  under  any  pretext 
whatfoever,  without  the  confent  of  the  people,  or  their  Re¬ 
prefen  tat  ives  in  the  Legiflature. 

XXIV.  Laws,  made  to  punifh  for  actions,  done  before  the 
exiftence  of  fuch  laws,  and  which  have  not  been  declared 
crimes  by  preceding  laws,  are  unjuft,  oppreffive,  and  incon- 
fiftent  with  the  fundamental  principles  of  a  free  government. 

XXV.  Nofubjeft  ought,  in  any  cafe,  or  in  any  time,  to 
be  declared  guilty  of  treafon  or  felony  by  the  Legiflature. 

XXVI.  No  Magiftrate,  or  court  of  law,  fhall  demand  ex- 
ceftive  bail  or  fureties,  impofe  exceftive  fines,  or  inflift  cruel 
or  unufual  punifhments. 

XXVII.  In  time  of  peace,  no  foldier  ought  to  be  quarter¬ 
ed  in  any  houfe,  without  the  confent  of  the  owner;  and  in 
time  of  war,  fuch  quarters  ought  not  to  be  made,  but  by  the 
civil  magiftrate,  in  a  manner  ordained  by  the  Legiflature. 

XXVIII.  No  perfon  can,  in  any  cafe,  be  fubjedled  to  law 
martial,  or  to  any  penalties  or  pains,  by  virtue  of  that  law, 
(except  thofe  employed  in  the  army  or  navy,  and  except  the 
militia,  in  adlual  fervice)  but  by  authority  of  the  Legiflature. 

XXIX.  It  is  effential  to  the  prefervation  of  the  rights  of 
every  individual,  his  life,  liberty,  property,  and  character, 
that  there  be  an  impartial  interpretation  of  the  laws,  and  ad- 
miniftrations  of  juftice.  It  is  the  right  of  every  citizen,  to  be 
tried  by  judges,  as  free,  impartial,  and  independent,  as  the 
lot  of  humanity  will  admit.  It  is,  therefore,  not  only  the 
beft  po'icy,  but  for  the  fecurity  of  the  rights  of  the  people, 
and  of  every  citizen,  that  the  judges  oi  the  Supreme  Judicial 
Court  fhould  hold  their  offices  as  long  as  they  behave  them- 
felves  well ;  and  that  they  fhould  have  honourable  falaries^ 
afeertained  and  eftablifhed  by  Handing  laws. 


4o 


CONSTITUTION  OP 


XXX.  In  the  government  of  this  commonwealth,  the  le- 
giflative  department  (hall  never  exercife  the  executive  and  ju¬ 
dicial  powers,  or  either  of  them  :  the  executive  fhall  never 
exercife  the  legiilative  and  judicial  powers,  or  either  of  them  : 
the  judicial  fhall  never  exercife  the  legiilative  and  executive 
powers,  or  either  of  them  :  to  the  end,  it  may  be  a  govern¬ 
ment  of  laws,  and  not  of  men. 


Part  II. 

THE  FRAME  OF  GOVERNMENT. 

THE  people  inhabiting  the  territory  formerly  called  the 
Prov  ince  of  Maffachufetts  Bay,  do  hereby  folemnly  and  mutu¬ 
ally  agree  with  each  other,  to  form  themfelves  into  a  free, 
fovereign,  and  independent  Body-Politic,  or  State,  by  the 
name  of.  The  commonwealth  of  Maffachufetts. 


Chap.  I. 

THE  LEGISLATIVE  POWER. 

Section  I. 

THE  GENERAL  COURT. 

Art.  I.  THE  department  of  legiflation  (hall  be  formed 
by  two  branches,  a  Senate  and  Houfe  of  Reprefentatives  : 
each  of  which  fhall  have  a  negative  on  the  other. 

The  Legiilative  body  fhall  aflemble  every  year,  on  the 
laft  Wednefday  in  May,  and  at  fuch  other  times  as  they 
fhall  judge  neceifary  ;  and  fhall  diffolve  and  be  diffolved,  on 
the  day  next  preceding  the  faid  laft  Wednefday  in  May  ;  and 
fhall  be  /tiled.  The  General  Court  of  Maffachufetts. 

II.  No  bill  or  refolve  of  the  Senate  or  Houfe  of  Reprefent¬ 
atives  fhall  become  a  law,  and  have  force  as  fuch,  until  it 
fhall  have  been  laid  before  the  Governor  for  his  revifal  : 
And  if  he,  upon  fuch  revifion,  approve  there-of,  he  fhall  iig- 
nify  his  approbation  by  figning  the  fame.  But  if  he  have 
any  objection  to  the  paffing  of  fuch  bill  or  refolve,  he  fhall  re¬ 
turn  the  fame,  together  with  his  objections  thereto,  in  writ¬ 
ing,  to  the  Senate  or  Houfe  of  Reprefentatives  Jn  which  fo- 
ever  the  fame  fhall  have  originated;  who  fhall  enter  the 
objections  fent  down  by  the  Governor,  at  large,  on  their 
records,  and  proceed  to  reconfider  the  faid  bill  or  refolve  : 
But  if  after  fuch  reconfideration,  two-thirds  of  the  faid  Se¬ 
nate  or  Houfe  of  Reprefentatives,  ftiall,  notwithftanding  the 


MASSACHUSETTS. 


41 


fa  id  objections,  agree  to  pafs  the  fame,  it  fhall,  together 
with  the  objections,  be  fent  to  the  other  branch  of  the  Lc~ 
giflature,  where  it  fhall  aifo  be  reconfidered,  and  if  approved 
by  two-thirds  of  the  members  prefent,  it  fhall  have  the  force 
of  a  law  :  But  in  all  fuch  cafes  the  votes  of  both  Houfes 
fhall  be  determined  by  yeas  and  nays  ;  and  the  names  of 
the  perfons  voting  for,  c*  againft  the  faid  bill  or  refolve, 
fhall  be  entered  upon  the  public  records  of  the  Common¬ 
wealth. 

And  in  order  to  prevent  unneceffavy  delays,  if  any  bill  or 
refolve  fhall  not  be  returned  by  the  Governor  within  five 
days  after  it  lhall  have  been  prefented,  the  fame  fhall  have 
the  force  of  a  law. 

III.  The  general  court  fhall  forever  have  full  power  and 
authority  to  ereCt  and  conflitute  judicatories,  and  Courts  of 
record,  or  other  Courts  to  be  held  in  the  name  of  the  Com¬ 
monwealth,  for  the  hearing,  trying,  and  determining  of  all 
manner  of  crimes,  offences,  pleas,  procefies,  plaints,  addons, 
matters,  caufes,  and  things,  whatsoever,  arifing  or  happen¬ 
ing  within  the  Commonwealth,  or  between  or  concerning- 
perfons  inhabiting  or  refiding,  or  brought,  within  the  fame  ; 
whether  the  fame  be  criminal  or  civil,  or  whether  the  faid 
crimes  be  capital  or  not  capital,  and  whether  the  faid  pleas 
be  real,  perfonal,  or  mixed  ;  and  for  the  awarding  and  mak¬ 
ing  out  of  execution  thereupon: — to  which  courts  and  judi¬ 
catories,  are  hereby  given  and  granted  full  power  and  autho¬ 
rity,  from  time  to  time,  to  adminifler  oaths  or  affirmations, 
for  the  better  difcovery  of  truth  in  any  matter  in  controverfy 
or  depending  before  them. 

IV,  And  further,  full  power  and  authority  are  hereby 
given  and  granted  to  the  faid  general  court,  from  time  to 

;  time,  to  make,  ordain  and  eftablifb,  ail  manner  of  wholefome, 
and  reafonable  orders,  laws,  flatutes,  and  ordinances,  direc¬ 
tions  and  infirudiions,  either  with  penalties,  or  without,  (fo 
as  the  fame  be  not  repugnant  or  contrary  to  this  conft itution} 
as  they  fhall  judge  to  be  for  the  good  and  welfare  of  this 

;  Commonwealth,  and  for  the  government  and  ordering  thereof, 
and  of  the  fubjeCts  of  the  fame,  and  for  the  necelTary  fup- 
port  and  defence  of  the  government  thereof  a  and  to  name 
and  fettle  annually,  or  provide  by  fixed  laws,  for  the  nam¬ 
ing  and  fettling  all  civil  officers,  within  the  faid  Common- 

E 


42 


CONSTITUTION  OF 


•wealth,  the  ele&ion  and  conffitution  of  whom  are  not  here¬ 
after,  in  tliis  form  of  government,  otherwife  provided  for  r 
and  to  fet  forth  the  fevcral  duties,  powers  and  limits,  of  the 
feveral  civil  and  military  officers  of  this  Commonwealth, 
and  the  forms  of  fuch  oaths  or  affirmations  as  fhall  be  refpeft- 
ivelv  adminiffered  unto  them  for  the  execution  of  their  feve¬ 
ral  offices  and  places,  fo  as  the  farhe  be  not  repugnant  or  con¬ 
trary  to  this  conftitution  ;  and  to  impofe  and  levy  propor¬ 
tional  and  reafonable  afleflments,  rates,  and  taxes,  upon  all 
the  inhabitants  of,  and  perfons  refident,  and  effates  lying, 
within  the  faid  Commonwealth  ;  and  alfo  to  impofe,  and  levy, 
reafonable  duties  and  excifes,  upon  any  produce,  goods, 
wares,  merchandifes,  and  commodities  whatfoever,  brought 
into,  produced,  manufadured,  or  being  within  the  fame  ; 
to  be  iffued  and  difpofed  of  by  warrant,  under  the  hand  of 
the  Governor  of  this  Commonwealth  for  the  time  being, 
with  the  advice  and  confent  of  the  council,  for  the  public 
fervice,  in  the  neceflary  defence  and  fupport  of  the  govern¬ 
ment  of  the  faid  commonwealth,  and  the  protection  and  pre- 
fervation  of  the  fubjefts  thereof,  according  to  fuch  aCts  as 
are  or  fhall  be  in  force  within  the  fame. 

And  while  the  public  charges  of  government,  or  any  part 
thereof,  fhall  be  affeffed  on  polls  and  effates  in  the  manner 
that  has  hitherto  been  praCtifed  ;  in  order  that  fuch  afleff- 
ments  may  be  made  with  equality,  there  fhall  be  a  valuation 
of  effates  within  the  Commonwealth  taken  anew  once  in 
every  ten  years  at  the  leaft,  and  as  much  oftener  as  the  gene¬ 
ral  court  fhall  order. 


CHAP.  I.  Sect.  II. 

SENATE. 

Art.  I.  THERE  fhall  be  annually  elefted  by  the  freehold¬ 
ers  and  other  inhabitants  of  this  Commonwealth,  qualified 
as  in  this  conftitution  is  provided,  forty  perfons  to  be  coun- 
fellors  and  fenators  for  the  year  enfuing  their  election  :  to 
be  chofen  by  the  inhabitants  of  the  diftrifts,  into  which  the 
Commonwealth  may  from  time  to  time  be  divided  by  the 
general  court  for  that  purpofe.  And  the  general  court,  in 
affigning  the  numbers  to  be  elected  by  the  refpediive  diftrifts, 
fhall  govern  themfclves  by  the  proportion  of  the  public  taxes 


—  *  M  *  _ _  .  -^.H  ^  •  «•  r  -  -■  5  . -  -  »  * 

? —  ~B£  i_r*i  n:  .  m  me  "  rr  5  '  .; 

i  -  * :  i:  : ; ,  t  • _  *  ~  7  xm  l;- 

rnn  m  iitr  n»atf*>rr  ?-  cn cArnm  i.-uz  -i  .  :*  i  le  _ 

mniti  ‘ ' i :  tie it  m * e r  . :  *.  *  i.n:n  I: _  ; 

z»-T--  r.'t  riisa  libr-m  r  £  : ;.:■ :  m-  :  eras  :•;  -x'_; 

Ilf  *::  t  ::t  ..t:  ::  ::.  ,*:vr  r  .  *t  •  .i'  i  «. 

A'l  't  :trea  tan  rt  ir '  •  f.  :  r  : 
r-'f :  i :  j_lL  iff* me  :cir".-r  ::  i  tr  ; 
i  :»*  -rrc-ri  3  ic  m  :n  . :  i  - 

:  in  eaceae  iia  tbs  -:•_  m-t  he  ? x  m  i  - 


.  -Zjlu  KVm  I’Tjt  T.ig  imr.  t  i  n  n_ 

c  :r--^sirg  rmier  ::r  cianfiljic*  xr.il  .’tii  .m  iiz. 

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mt£  SlC  „ _ j. l-  frmrrr 

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rmi  m  F  in  ~  xxtr*. 

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_  *v  * 
me 


Cl  nBD«I3  .  in 

i  - .  _n  _ .  t  i'lc 


:  r:  t 


j - >■-  -•-  .  -SZrt  ~j — Cl  "f  _  %r  j 

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i  tzt  JLi  :  -  -  i  - 

ii— iL_r.  iQr-rrrr.  :•:  ire  r  zz  *t?: :.  : .  v  ;  * 

:r  tfi.  msiaei  :i  m-  i  mnoi  i.  i:  ::  it;  rime  .  -  n  : 


M  rl 


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i  .’  penu*fi5  :i  i*±  Sarnici  ii.i  ^  ...  ri..  :■-- .  .-n  i:  :’m 

ftfi.iri-  t'srr  m;  Lsim'.  ic  :*r".  _ni  i* 

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:•:  :ir  re. if  it  -_irr  :>:>*='  i=. 


—  — — 2  '  .  - ; .  _ .  . — _ ;  _  ■  7.ii  - . 

1-1  :n:.m  Ac  :: 


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iif  Dda£. 


-i  t  —  X  -  _  ... _ _ _  ~ 

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rJ  .  ;  1 _  1.  ..1  n.  . .  m  1:  1  f 

iciivii'.  i;c  iiif  miO-i  11  fim  ~ 
ctE.i  ic  i-.m  wiiair  mr  tL.  ; 
HX.  Vll*i  lif  1  f  r_cl_L  ir  mi 


V  :  -.f  *;  rm_  mr-TH  V-?  rr-t  ;..;r  *.  :  i  im*. 


«  C —  >w 


rie^i  rc 


1 '  i»'» 


44- 


CONSTITUTION  OF 


nators  ;  and  fhali  fort  and  coun*  them  in  open  town  meeting, 
and  in  prefence  of  the  town  clerk,  who  fhali  make  a  fair  re¬ 
cord,  in  prefence  of  the  fele&men,  and  in  open  town  meet¬ 
ing,  of  the  name  of  every  perfon  voted  for,  and  of  the  num¬ 
ber  of  votes  againft  his  name  ;  and  a  fair  copy  of  this  record 
(hall  be  attefted  by  the  feleftmen  and  the  town  clerk,  and 
fhali  be  feaied  up,  directed  to  the  Secretary  of  the  Common¬ 
wealth  for  the  time  being,  with  a  fuperfcription,  exprefiing 
the  purports  of  the  contents  thereof,  and  delivered,  by  the 
town  clerk  of  fuch  town,  to  the  fheriff  of  the  county,  in 
which  fuch  town  lies,  thirty  days  at  leaft  before  the  laft 
Wcdnefday  in  May,  annually  ;  or  it  fhali  be  delivered  into 
the  Secretary’s  Office,  feventeen  days,  at  leaft,  before  the 
faid  laft  V\  ednefday  in  May  ;  and  the  fheriff  of  each  county 
fhali  deliver  all  fuch  certificates,  by  him  received,  into  the 
Secretary’s  Office,  feventeen  days  before  the  faid  laft  Wed- 
nefday  in  May. 

And  the  inhabitants  of  plantations  unincorporated  (qua¬ 
lified  as  this  con-ftitution  provides)  who  are  or  fhali  be  em¬ 
powered  and  required  to  afifefs  taxes  upon  themfeives,  toward 
the  fupport  of  government,  fnall  have  the  fame  privilege  of 
voting  for  Counsellors  and  Senators  in  the  plantations  where 
they  refide,  as  town  inhabitants  have  in  their  refpeCtive 
towns  ;  and  the  plantation-meetings,  for  that  purpofe,  fhali 
be  held  annually  on  the  fame  firft  Monday  in  April,  at  fuch 
place  in  the  plantations  refpeftively,  as  the  affeffors  thereof 
(hall  direft ;  which  afteffors  fhali  have  like  authority,  for 
notifying  the  eleftors,  colle&ing  and  returning  the  votes,  as 
the  fclc&men  and  town  clerks  have  in  their  feveral  towns,  by 
this  conftitution,  and  all  other  perfons,  living  in  places  unin¬ 
corporated  (qualified  as  aforefaid)  who  fhali  be  affeftTed  to  the 
fupport  of  government  by  the  afteffors  of  an  adjacent  town, 
fhali  have  the  privilege  of  giving  in  their  votes  for  Counfel- 
lors  and  Senators,  in  the  town  where  they  fhali  be  affefted, 
and  be  notified  of  the  place  of  meeting,  by  the  Selectmen  of 
the  town,  where  they  fhali  be  afleffed,  for  that  purpofe  ac¬ 
cordingly. 

III.  And  that  there  may  be  a  due  convention  of  Senators 
on  the  laft  Wednefday  in  May  annually,  the  Governor,  and 
five  of  the  Council,  for  the  time  being,  fhali,  as  foon  as  may 
be,  examine  the  returned  copies  of  fuch  records ;  and  four- 


MASSACHUSETTS. 


teen  days  before  the  faid  day,  he  fnall  iiTue  his  fummons  to 
Each  perfons,  as  fnall  appear  to  be  chofen  by  the  majority  of 
votes,  to  attend  on  that  day,  and  take  their  feats  accordingly  ; 
— provided  neverthelefs,  that  for  the  firft  year,  the  faid  re¬ 
turned  copies  fhall  be  examined  by  the  preftdent  and  five  of 
the  Council  of  the  former  Conftitution  of  Government  :  and 
the  faid  prefident  fhall,  in  like  manner,  iffue  his  fummons 
to  the  perfons  fo  eleded,  that  they  may  take  their  feats  a* 
aforefaid. 

IV'.  The  Senate  fhall  be  the  final  judge  of  the  eledions* 
Teturns  and  qualifications  of  their  own  members,  as  pointed 
out  in  the  Conftitution  ;  and  fhall,  on  the  faid  lafl  Wednef. 
day  in  May,  annually.,  determine  and  declare,  who  are  elect¬ 
ed  by  each  diftrid,  to  be  Senators,  by  a  majority  of  votes : 
and  in  cafe  there  fhall  not  appear  to  be  the  full  number  of  Se¬ 
nators  returned,  eleded  by  a  majority  of  votes  for  any  diftrid, 
the  deficiency  fhall  be  fupplied  in  the  following  manner,  viz. 
the  Members  of  the  Houfe  of  Reprefentatives,  and  fuch  Se¬ 
nators  as  fhall  be  declared  eleded,  {hall  take  the  names  of  fuch 
perfons  as  fhall  be  found  to  have  the  highefi:  number  of  votes 
in  fuch  diftrid,  and  not  eleded,  amounting  to  twice  the  num¬ 
ber  of  Senators  wanting,  if  there  be  fo  many  voted  for  ;  and 
out  of  thefe,  fhall  eled,  by  ballot,  a  number  of  Senators,  fuf- 
ftcient  to  fill  up  the  vacancies  in  fuch  diftrid  ;  and  in  this 
manner,  all  fuch  vacancies  fhall  be  filled  in  every  diftrid  of 
the  commonwealth  :  and  in  like  manner,  all  vacancies  in  the 
Senate,  arifing  by  death,  removal  out  of  the  ftate,  or  other- 
wife,  fhall  be  fupplied  as  foon  as  may  be,  after  fuch  vacan¬ 
cies  fhall  happen:  — 

V.  Provided  neverthelefs,  that  no  perfon  fnall  be  capable 
of  being  eleded  as  a  Senator,  who  is  not  feized  in  Ins  own 
right,  of  a  freehold  within  this  commonwealth,  of  the  va¬ 
lue  of  three  hundred  pounds  at  lealt,  or  poffeffcd  of  perfonal 
eftate  to  the  value  of  fix  hundred  pounds  at  leaft,  or  of  both  to 
the  amount  of  the  fame  fum  ;  and  who  has  not  been  an  inha¬ 
bitant  of  this  commonwealth  for  the  fpace.of  five  years  im- 
I  mediately  preceding  his  eledion  .;  and  at  the  time  of  his  elec¬ 
tion  he  fhall  be  an  inhabitant  in  the  diftrid,  for  which  he 


ihall  be  cho  Vn. 

VI.  The  Senate  fhall  have  power  to  adjourn  themfelves. 

F  -» 


CONSTITUTION  OF 


4^ 

provided  fuch  adjournments  do  not  exceed  two  days  at  a 
time. 

VII.  The  Senate  (hall  choofe  its  own  prefident,  appoint  its 
own  officers,  and  determine  its  own  rules  of  proceedings. 

VIII.  The  Senate  (hall  be  a  Court,  with  full  authority,  to 
hear  and  determine  all  impeachments,  made  by  the  Ho ufe  of 
Reprefentatives,  againfl  any  officer  or  officers  of  the  Common¬ 
wealth,  for  mifcondudi  and  mal- adminiftration  in  their  offices. 
But  previous  to  the  trial  of  every  impeachment,  the  Mem¬ 
bers  of  the  Senate  fhall  refpedively  be  fworn,  truly  and  im¬ 
partially  to  try  and  determine  the  charge  in  queflion,  accord¬ 
ing  to  evidence.  Their  judgment,  however,  fhall  not  extend 
further,  than  to  removal  from  office,  and  difqualification  to 
hold  or  enjoy  any  place  of  honour,  truth  or  profit,  under  this 
Commonwealth  :  but  the  party  fo  convicted,  fhall  be,  never- 
thelefs,  liable  to  indictment,  trial,  judgment,  and  punifn. 
ment,  according  to  the  laws  of  the  land. 

IX.  Not  lefs  than  fixty  Members  of  the  Senate,  fhall  con- 
ftitute  a  quorum  for  doing  bufinefs. 

CHAP.  I.  Sect.  III. 

HOUSE  of  REPRESENTATIVES. 

Art.  I.  THERE  fhall  be,  in  the  Legifiature  of  this  com¬ 
monwealth,  a  reprefentation  of  the  people,  annually  elected, 
and  founded  upon  the  principle  of  equality. 

II.  And  in  order  to  provide  for  a  reprefentation  of  the 
citizens  of  this  commonwealth,  founded  on  the  principle  of 
equality,  every  corporate  town,  containing  one  hundred  and 
fifty  rateable  polls,  may  eleft  one  Reprefentative : — every 
corporate  town,  containing  three  hundred  and  fevcnty-five 
rateable  polls,  may  eledt  two  Reprefentatives  :  every  corpo¬ 
rate  town,  containing  fix  hundred  rateable  polls,  may  eie£t 
three  Reprefentatives  ; — and  proceeding  in  that  manner, 
making  two  hundred  and  twenty-five  rateable  polls  the  mean 
increafing  number,  for  every  additional  Reprefentative  : — 

Provided  neverthelefs,  that  each  town  now  incorporated, 
;not  having  one  hundred  and  fiftv  rateable  polls,  may  eleft  one 
Jt^nrefentalive.  But  no  place  fhall  hereafter  be  incorporated 
with  the  privilege  of  electing  a  Reprefentative,  unlefs  there 
are,  within  the  fame,  one  hundred  and  fifty  rateable  polls. 
And  the  Houfe  of  Reprefentatives  lhall  have  power,  from 


MASSACHUSETTS. 


time  to  time,  to  impofe  fines  upon  fuch  towns,  as  (hall  negleft 
to  choofe  and  return  Members  to  the  fame,  agreeably  to  this 
conftitution. 

The  expenfes  of  travelling  to  the  Genera!  AfTembly,  and 
returning  home,  once  in  every  feflion  and  no  more,  fhall  be 
paid  by  the  government,  out  of  the  public  treafurv,  to  every 
Member  who  fhall  attend  as  feafonably  as  he  can,  in  the  judg¬ 
ment  of  the  Houfe,  and  does  not  depart  without  leave. 

III.  Every  Member  of  the  Houfe  of  Representatives  fhall 
be  chofen  by  written  votes ;  and  for  one  year  at  leaft,  next 
preceding  his  eleftion,  {hall  have  been  an  inhabitant  of,  and 
have  been  feized,  in  his  own  right,  of  a  freehold  of  the  va¬ 
lue  of  one  hundred  pounds,  within  the  town  he  fhall  be  cho¬ 
fen  to  reprefent,  or  any  rateable  eftate,  to  the  value  of  two 
hundred  pounds ;  and  he  fhall  ceafe  to  reprefent  the  faid  town, 
immediately  on  his  ceafing  to  be  qualified  as  aforefaid. 

IV.  Every  male  perfon  (being  twenty-one  years  of  age, 
and  refident  in  any  particular  town  in  this  commonwealth,  for 
the  (pace  of  one  year  next  preceding)  having  a  freehold  eftate 
within  the  fame  town,  of  the  annual  income  of  three  pounds, 
or  any  eflate  of  the  value  of  fixty  pounds,  fhall  have  a  right 
to  vote  in  the  choice  of  a  Reprcfentative,  or  Reprefentatives, 
for  the  faid  town. 

V.  The  Members  of  the  Houfe  of  Reprefentatives  fhall 
be  chofen  annually,  in  the  month  of  May,  ten  days,  at  leaf!, 
before  the  laft  Wednesday  of  that  month. 

VI.  The  Houfe  of  Reprefentatives  fhall  be  the  grand  in- 
queft  of  this  commonwealth  ;  and  all  impeachments,  made 
by  them,  fhall  be  heard  and  tried  by  the  Senate. 

VII.  All  money-bills  fhall  originate  in  the  Houfe  of  Re¬ 
prefentatives  :  but  the  Senate  may  propofe  or  concur  with 
amendments,  as  on  other  bills. 

VIII.  The  Houfe  of  Reprefentatives  fhall  have  power  to 
adjourn  themfelves ;  provided  fuch  adjournment  fhall  not  ex¬ 
ceed  two  days  at  a  time. 

IX.  Not  lefs  than  fixty  Members  of  the  Houfe  of  Repre¬ 
fentatives,  fhall  conftitute  a  quorum  for  doing  bufinefs. 

X.  The  Houfe  of  Reprefentatives  fhall  be  the  judge  of  the 
returns,  elections,  and  qualifications  of  its  own  Members,  as 
pointed  out  in  the  conftitution  ;  fhall  choofe  their  own  fpeak- 
cr  ;  appoint  their  own  officers,  and  fettle  their  rules  and  or- 


4$ 


CONSTITUTION  OF 


ders  of  proceeding  in  their  own  Houfe.  They  fhall  have  au¬ 
thority  to  punifh,  by  imprifonment,  every  perfon,  (not  a 
Member)  who  fhall  be  guilty  of  difrefpe£t  to  the  Houfe,  by 
any  disorderly  or  contemptuous  behaviour  in  its  prefence  ;  or 
who,  in  the  town  where  the  General  Court  is  fitting,  and 
during  the  time  of  its  fitting,  fhall  threaten  harm  to  the  body 
or  eftate  of  any  of  its  Members,  for  any  thing  faid  or  done  in 
the  Houfe.;  or  who  fhall  affault  any  of  them  therefor;  or 
who  fhall  affault,  or  arreft  any  witnefs,  or  other  perfon,  or¬ 
dered  to  attend  the  Houfe,  in  his  way  in  going,  or  returning  : 
or  who  .fhall  refcue  any  perfon  arrefted  by  the  order  of  the 
Houfe. 

And  no  Member  of  the  Houfe  of  Reprefentatives  fhall  be 
arrefted,  or  held  to  bail  on  mefne  procefs,  during  his  going 
unto,  returning  from,  or  his  attending  the  General  Aftembly. 

XI.  The  Senate  fhall  have  the  fame  powers  in  the  like 
cafes  ;  and  the  Governor  and  Council  -fhall  have  the  fame  au¬ 
thority  to  punifh  in  like  cafes: — provided  that  no  imprifon¬ 
ment,  on  the  warrant  or  order  of  the  Governor,  Council, 
Senate,  or  Houfe  of  Reprefentatives,  for  either  of  the  above 
defcribed  offences,  be  for  a  term  exceeding  thirty  days. 

And  the  Senate  and  Houfe  of  Reprefentatives  may  try,  and 
determine,  all  cafes,  where  their  rights  and  privileges  are 
concerned,  and  which,  by  the  corrftitution,  they  have  au¬ 
thority  to  try  and  determine,  by  Committees  of  their  own 
Members,  or  in  fuch  other  way  as  they  may  respectively  think 
ib.efL 


CHAP.  II. 

EXECUTIVE  POWER. 

Section  I.  GOVERNOR. 

Art.  I.  THERE  fhall  be  a  Supreme  Executive  Mngiftrnte, 
who  fhall  be  {tiled,  The  Governor  of  the  Commonwealth  of 
Maffachufetts  ;  and  whole  title  fhall  be,  His  Excellency. 

II.  The  Governor  fhall  be  chofen  annually  ;  and  no  per¬ 
fon  fhall  be  eligible  to  this  office  ;  unlefs,  at  the  time  of  his 
election,  he  fhall  have  been  an  inhabitant  of  this  common¬ 
wealth,  for  feven  years  next  preceding  ;  and  unlefs  he  fhall, 
at  the  fame  time,  be  feized,  in  his  own  right,  of  a  freehold 
within  the  commonwealth,  of  the  value  of  one  thoufand 
^pounds ;  and  unlefs  he  fhall  declare  himfelf  to  be  of  the  Chrif- 
tian  religion. 


MASSACHUSETTS. 


49 


III*  Thofe  perfons,  who  fhall  be  qualified  to  vote  for  Se¬ 
nators  and  Reprefentatives,  within  the  feveral  towns  of  this 
commonwealth,  fhall,  at  a  meeting,  to  be  called  for  that 
purpofe,  on  the  firft  Monday  of  April,  annually,  give  in  their 
votes  for  a  Governor,  to  the  feledfmen,  who  fhall  prefide  at 
fuch  meetings ;  and  the  Town-Clerk,  in  the  prefence  and  with 
the  afliftance  of  the  feledtmen,  fhall,  in  open  town  meeting, 
fort  and  count  the  votes,  and  forma  lift  of  the  perfons  voted 
for,  with  the  number  of  votes  for  each  perfon,  againft  his 
name  :  and  fhall  make  a  fair  record  of  the  fame  in  the  town 
books,  and  a  public  declaration  thereof  in  the  faid  meeting  ; 
and  fhall,  in  the  prefence  of  the  inhabitants,  feal  up  copies  of 
the  faid  lift,  attefted  by  him  and  the  feledfmen,  and  tranfmit 
the  fame  to  the  Sheriff  of  the  county,  thirty  days  at  leaft  be¬ 
fore  thelaft  Wednefday  in  May  :  and  the  Sheriff  fhall  tranf¬ 
mit  the  fame  to  the  Secretary's  office,  feventccn  days  at  leaft 
before  the  faid  laft  Wednefday  in  May  ;  or  the  feledfmen  may 
caufe  returns  of  the  fame  to  be  made  to  the  office  of  the  Secre¬ 
tary  of  the  commonwealth,  feventeen  days  at  leaft:  before  the 
faid  day  ;  and  the  Secretary  fhall  lay  the  fame  before  the  Se¬ 
nate  and  the  Houfe  of  Reprefentatives,  on  the  laft  Wednes¬ 
day  in  May,  to  be  by  them  examined  :  and  in  cafe  of  an  elec¬ 
tion,  by  a  majority  of  all  the  votes  returned,  the  choice  fhall 
be  by  them  declared  and  publifhed.  But  if  no  perfon  fhall 
have  a  majority  of  votes,  the  Houfe  of  Reprefentatives  fhall, 
by  ballot,  eledf  two  out  of  four  perfons,  who  had  the  higheft 
number  of  votes,  if  fo  many  fhall  have  been  voted  for  ;  but  if 
otherwife,  out  of  the  number  voted  for  ;  and  make  return  to 
the  Senate,  of  the  two  perfons  fo  eledf  ed  ;  on  which  the  Se¬ 
nate  fhall  proceed,  by  ballot,  to  eledf  one,  who  fhall  be  de¬ 
clared  Governor. 

IV.  The  Governor  fhall  have  authority,  from  tame  to  time 
M  at  his  difcretion,  toaffemble  and  call  together  the  Counfeilors 

of  this  commonwealth  for  the  time  being;  and  the  Governor, 
with  the  faid  Counfeilors,  or  five  of  them  at  leaft,  fhall,  and 
may,  from  time  to  time,  hold  and  keep  a  Council,  for  the 
ordering  and  diredting  the  affairs  of  the  commonwealth, 
agreeably  to  the  conftitution,  and  the  laws  of  the  land. 

V.  The  Governor,  with  advice  of  Council,  fhall  have  full 
power  and  authority,  during  the  feftion  of  the  General  Court, 
to  adjourn  or  prorogue  the  fame,  to  any  time  the  two  Houles 


CONSTITUTION  OF 


5° 

{hall  defire  ;  and  to  diffolve  the  fame,  on  the  day  next  pre¬ 
ceding  the  laft  Wednefday  in  May  ;  and,  in  the  recefs  of  the 
laid  court,  to  prorogue  the  fame,  from  time  to  time,  not  ex¬ 
ceeding  ninety  days  in  any  one  recefs  ;  and  to  call  it  together 
fooner  than  the  time  to  which  it  may  be  adjourned  or  pro¬ 
rogued,  if  the  welfare  of  the  commonwealth  fhall  require  the 
fame.  And  in  cafe  of  any  infectious  diftemper  prevailing  in 
the  place,  where  the  faid  court  is  next  at  any  time  to  convene, 
or  any  other  caufe  happening,  whereby  danger  may  arife  to 
the  health  or  lives  of  the  Members  from  their  attendance,  he 
may  direCt  the  feffion  to  be  held  at  fome  other  the  moil  con¬ 
venient  place  within  the  State. 

And  the  Governor  {hall  diflolve  the  faid  General  Court,  on 
the  day  next  preceding  the  laft  Wednefday  in  May. 

VI.  In  cafes  of  difagreement  between  the  two  Houfes, 
with  regard  to  the  neceflity,  expediency,  or  time  of  adjourn¬ 
ment,  or  prorogation,  the  Governor,  with  advice  of  the  Coun. 
cil,  (hall  have  a  right  to  adjourn  or  prorogue  the  General  Court, 
not  exceeding  ninety  days,  as  he  (hall  determine  the  public 
good  fhall  require. 

VII.  The  Governor  of  this  commonwealth,  for  the  time 
being,  fhall  be  the  commander  in  chief  of  the  army  and  navy, 
and  of  all  the  military  forces  of  the  ftate,  by  fea  and  land  ; 
and  fhall  have  full  power,  by  himfelf,  or  by  any  commander, 
or  other  officer  or  officers,  from  time  to  time,  to  train,  in- 
ftruCt,  exercife  and  govern  the  militia  and  navy  ;  and  for  the 
fpecial  defence  and  fafety  of  the  commonwealth,  to  affemble 
in  martial  array,  and  put  in  warlike  pofture,  the  inhabitants 
thereof;  and  to  lead  and  conduct  them,  and  with  them  to 
encounter,  repel,  refift,  expel,  and  purfue,  by  force  of  arms,; 
as  well  by  fea  as  by  land,  within  or  without  the  limits  of 
this  commonwealth;  and  alfo  to  kill,  flay,  and  deftroy,  if 
neceffary,  and  conquer,  by  all  fitting  ways,  enterprifes,  and 
means  vvhatfoever,  all  and  every  fuch  perfon  or  perfons,  as 
fhall  at  any  time  hereafter,  in  a  hoftile  manner,  attempt  or 
enterprife  the  deftruftion,  invafion,  detriment,  or  annoyance 
of  this  commonwealth  ;  and  to  ufe  and  exercife,  over  the  ar¬ 
my  and  navy,  and  over  the  militia  ina&ual  fervice,  the  law- 
martial,  in  time  of  war  or  invafion,  and  alfo  in  time  of  re¬ 
bellion  (declared  by  the  Legiflature  toexill)  as  occafion  fliall 
seceffarily  require;  and  to  take  and  furprife,  by  all  ways  and 


MASSACHUSETTS. 


S1 


means  whatsoever,  all  and  every  fuch  perfon  or  perfons  (with 
their  (hips,  arms,  ammunition,  and  other  goods)  as  fhall,  in 
a  hoftile  manner,  invade,  or  attempt  the  invading,  conquer¬ 
ing,  or  annoying  this  commonwealth  :  and  that  the  Governor 
be  entrufted  with  all  thefe  and  other  powers,  incident  to  the 
offices  of  captain-general,  and  commander  in  chief,  and  ad¬ 
miral,  to  be  exercifed  agreeably  to  the  rules  and  regulations 
of  the  conftitution,  and  the  laws  of  the  land,  and  not  other- 
wife. 

Provided  that  the  faid  Governor  fhall  not,  at  any  time 
hereafter,  by  virtue  of  any  power,  by  this  conilitution  grant¬ 
ed,  or  hereafter  to  be  granted  to  him  by  the  Legifiature, 
tranfport  any  of  the  inhabitants  of  this  commonwealth,  or 
oblige  them  to  march  out  of  the  limits  of  the  fame,  without 
their  free  and  voluntary  confent,  or  the  confent  of  the  Ge¬ 
neral  Court  ;  except  fo  far  as  may  be  necellary  to  march  or 
tranfport  them  by  land  or  water,  for  the  defence  of  fucli 
part  of  the  Itate,  to  which  they  cannot  otherwife  conveni¬ 
ently  have  accefs. 

VIII.  The  power  of  pardoning  offences,  except  fuch  as 
perfons  may  be  conviTed  of  before  the  Senate  by  an  im¬ 
peachment  of  the  Houfe,  fhall  be  in  the  Governor,  by  and 
with  the  advice  of  Council  ;  but  no  charter  of  pardon,  grant¬ 
ed  by  the  Governor,  with  advice  of  the  Council,  before 
conviction,  fhall  avail  the  party  pleading  the  fame,  not- 
withftanding  any  general  or  particular  expreffions  contained 
therein,  defcriptive  of  the  offence  or  offences  intended  to  be 
pardoned. 

IX.  All  judicial  officers,  the  Attorney-General,  the  Soli¬ 
citor-General,  all  Sheriffs,  Coroners,  and  Regifters  of  Pro¬ 
bate,  fhall  be  nominated  and  appointed  by  the  Governor,  by 
and  with  the  advice  and  confent  of  the  Council  ;  and  every 
fuch  nomination  fhall  be  made  by  the  Governor,  and  made 
at  lead  feven  days  prior  to  fuch  appointment. 

X.  The  Captains  and  Subalterns  of  the  militia  {hall  be 
elected  by  the  written  votes  of  the  train  band  and  alarm  lift 
of  their  refpedtive  companies,  of  twenty-one  years  of  age 
and  upwards.  The  held  officers  ol  regiments  fhall  be  elected 
by  the  written  votes  of  the  Captains  and  Subalterns  ol  their 
refpeCtive  regiments.  The  Brigadiers  (hall  be  elected  in  like 
manner,  by  the  heid  officers  of  their  refpeCtive  brigades. 


52 


CONSTITUTION  OF 


And  fuch  officers,  fo  elefted,  fhall  be  commifiloned  by  the 
Governor,  who  ihall  determine  their  rank. 

The  Legiflature  iliall,  by  (landing  laws,  direct  the  time 
and  manner  of  convening  the  electors,  and  of  collecting 
votes,  and  of  certifying  to  the  Governor  the  officers  elected. 

The  major-generals  (hall  be  appointed  by  the  Senate  and 
Houfe  of  Reprefentatives,  each  having  a  negative  upon  the 
other  ;  and  be  commiffioned  by  the  Governor. 

And  if  the  electors  of  brigadiers,  field-officers,  captains, 
cr  fubalterns,  (hall  neglect  or  refufe  to  make  fuch  elections, 
after  being  duly  notified,  according  to  the  laws  for  the  time 
being,  then  the  Governor,  with  advice  of  Council,  Iliall 
appoint  fuitable  perfons  to  fill  fuch  offices. 

And  no  officer,  duly  commiffioned  to  command  in  the  mi¬ 
litia,  fhall  be  removed  from  his  office,  but  by  the  addrefs 
of  both  Houfes  to  the  Governor,  or  by  fair  trial  in  court- 
martial,  purfuant  to  the  laws  of  the  commonwealth  for  the 
time  being. 

The  commanding  officers  of  regiments  (hall  appoint  their 
adjutants  and  quarter-maflers  ;  the  brigadiers  their  brigade 
majors ;  and  the  major-generals  their  aids  ;  and  the  Gover¬ 
nor  (hall  appoint  the  adjutant-general. 

The  Governor,  with  advice  of  Council,  fhall  appoint  all 
officers  of  the  continental  army,  whom  (by  the  confederation 
of  the  United  States)  it  is  provided  that  this  commonwealth 
fhall  appoint,  as  alfo  all  officers  of  forts  and  garrifons. 

The  divifions  of  the  militia,  into  brigades,  regiments  and 
companies,  made  in  purfuance  of  the  militia  laws  now  in 
force,  fhall  be  confidered  as  rhe  proper  divifions  of  the  mili¬ 
tia  of  this  commonwealth,  until  the  fame  fhall  be  altered  in 
purfuance  of  fome  future  law. 

XI.  No  monies  fhall  be  ifTued  out.  of  the  treafury  of  this 
commonwealth,  and  difpofed  of  (except  fuch  fums,  as  may 
be  appropriated  for  the  redemption  of  bills  of  credit  or  trea- 
furer’s  notes,  or  for  the  payment  of  interefts  ariling  thereon) 
but  by  warrant,  under  the  hand  of  the  Governor  for  the 
time  being,  with  the  advice  and  confent  of  the  council,  for 
the  neceflary  defence  and  fupport  of  the  commonwealth — and 
for  the  protection  and  prcfervation  of  the  inhabitants  thereof, 
agreeably  to  the  aft  and  refolves  of  the  General  Court. 


MASSACHUSETTS. 


53 


XII.  All  public  boards,  the  commiflary-general,  all  fu- 
perintending  officers  of  public  magazines  and  ftores,  belonging 

c  to  this  commonwealth,  and  all  commanding  officers  of  forts 
?  and  garrifons  within  the  fame,  (hall,  once  in  every  three 
;  months,  officially,  and  without  requifition,  and  at  other 
1  times,  when  required  by  the  Governor,  deliver  to  him  an 
5  account  of  all  goods,  ftores,  proviftons,  ammunition,  cannon 
with  their  appendages,  and  fmall  arms  with  their  accoutre- 
1  ments,  and  of  all  other  public  property  whatever  under  their 
1  care  refpedlively  ;  diftinguifhing  the  quantity,  number,  qua- 
1  lity  and  kind  of  each,  as  particularly  as  may  be  ;  together 
with  the  condition  of  fuch  forts  and  garrifons.  And  the 
faid  commanding  officer  fh all  exhibit  to  the  Governor,  when 
required  by  him,  true  and  exafl  plans  of  fuch  forts,  and  of 
the  land  and  fea,  or  harbour  or  harbours  adjacent. 

And  the  faid  boards,  and  all  public  officers,  fhall  commu¬ 
nicate  to  the  Governor,  as  foon  as  may  be,  after  receiving 
;  the  fame,  all  difpatches,  and  intelligence  of  a  public  nature, 
[which  fhall  be  directed  to  them  refpettiveiy. 

XIII.  As  the  public  good  requires,  that  the  Governor 
■  fhould  not  be  under  the  undue  influence  of  any  of  the  mem¬ 
bers  of  the  General  Court — by  a  dependence  on  them  for  his 
fupport — that  he  fhould,  in  all  cafes,  aft  with  freedom  for 

| the  benefit  of  the  public — that  he  fhould  not  have  his  atten- 
r  tion  neceflarily  diverted  from  that  objeft,  to  his  private  con- 
j  cerns — and  that  he  fhould  maintain  the  dignity  of  the  com¬ 
monwealth,  in  the  charafter  of  its  chief  magiftrate — it  is 
I  neceflary  that  he  fhould  have  an  honourable  ftated  falary,  of 
a  fixed  and  permanent  value,  amply  fufficient  for  thofe  pur- 
i  pofes,  and  eftablifhed  by  Handing  laws :  and  it  fhall  be  among 
the  firft  afts  of  the  General  Court,  after  the  commencement 
of  this  conftitution,  to  eftablifh  fuch  falary  by  law  accord- 
ingly. 

Permanent  and  honourable  falaries  fhall  alfo  be  eftablifhed 
by  law,  for  the  Juftices  of  the  Supreme  Judicial  Court. 

And  if  it  fhall  be  found,  that  any  of  the  lalaries  afore., 
faid,  fo  eftablifhed,  are  infufficient,  they  fhall,  from  time 
to  time,  be  enlarged,  as  the  General  Court  fhall  judge  pro¬ 
per. 


CONSTITUTION  OF 


J* 

CHAP.  II.  Sect.  II.  ' 

LIEUTENANT-GOVERNOR. 

Art.  I.  THERE  Ihall  be  annually  elefted  a  Lieutenant., 
Governor  of  the  commonwealth  of  Maffachufetts,  whoft 
title  (hall  be,  His  Honour  ;  and  who  Ihall  be  qualified,  ir 
point  of  religion,  property,  and  refidence  in  the  common-! 
wealth,  in  the  fame  manner  with  the  Governor  ;  and  the  day 
and  manner  of  his  ele&ion,  and  the  qualifications  of  the 
electors,  (hall  be  the  fame  as  are  required  in  the  ele<ftion  of 
a  Governor.  The  return  of  the  votes  for  this  officer,  and 
the  declaration  of  his  election,  fhall  be  in  the  fame  manner: 
and  if  no  one  perfon  (halt  be  found  to  have  a  majority  of  all  ■ 
the  votes  returned,  the  vacancy  (hall  be  filled  by  the  Senate  and 
Houfe  of  Rcprefentatives,  in  the  fame  manner  as  the  Govern¬ 
or  is  to  be  elected,  in  cafe  no  one  perfon  (hall  have  a  ma-  i 
jority  of  the  votes  of  the  people  to  be  Governor. 

II.  The  Governor,  and,  in  his  abfence,  the  Lieutenant- 
Governor,  (hall  be  the  prefident  of  the  council  ;  but  (hall 
have  no  vote  in  council  :  and  the  Lieutenant-Governor  (hall 
always  be  a  member  of  the  council,  except  when  the  chair 
of  the  Governor  fhall  be  vaeant. 

III.  Whenever  the  chair  of  the  Governor  fhall  be  vacant 
by  reafon  of  his  death,  or  abfence  from  the  commonwealth, 
orotherwife,  the  Lieutenant. Governor  for  the  time  being, 
ihall,  during  fuch  vacancy,  perform  all  the  duties  incumbent 
upon  the  Governor,  and  fnall  have  and  exercife  all  the  pow¬ 
ers  and  authorities,  which,  by  this  conftitution,  the  Go¬ 
vernor  is  veiled  with,  when  perfonally  prefent. 

CHAP.  II.  Sect.  III. 

Council,  ami  the  manner  of  fettling  elections  by  the  Legijlature . 

Art.  I.  THERE  fhall  be  a  Council,  for  advifing  the  Go¬ 
vernor  in  the  executive  part  of  government,  to  confift  of 
nine  perfons,  befides  the  Lieutenant-Governor,  whom  the 
Governor,  for  the  time  being,  (hall  have  full  power  and  au¬ 
thority,  from  time  to  time,  at  his  diferetion,  to  affemble  and 
call  together.  And  the  Governor,  with  the  faid  Couwfellors, 
or  five  of  them  at  lead,  fhall  and  may,  from  time  to  time, 
hold  and  keep  a  Council,  for  the  ordering  and  direCiing  the 


MASSACHUSETTS.  55 


affairs  of  the  commonwealth,  according  to  the  laws  of  the 
land. 

II.  Nine  Counfellors  (hall  be  annually  chofen,  from  among 
the  perfons  returned  for  Counfellors  and  Senators,  on  the  lad 
Wednefday  in  May,  by  the  joint  ballot  of  the  Senators  and 
Reprefentatives  affembled  in  one  room.  And  in  cafe  there 
fhall  not  be  found,  upon  the  firft  choice,  the  whole  number  of 
nine  perfons,  who  will  accept  a  feat  in  the  council,  the  defi¬ 
ciency  fhall  be  made  up  by  the  electors  aforefaid,  from  among 
the  people  at  large  ;  and  the  number  of  Senators  left,  fhall 
conftitute  the  Senate  for  the  year.  The  feats  of  the  perlons 
thus  eleded  from  the  Senate,  and  accepting  the  truft,  fhall 
be  vacated  in  the  Senate. 

III.  The  Counfellors,  in  the  civil  arrangements  of  the 
commonwealth,  fhall  have  rank,  next  after  the  Lieutenant- 
Governor. 

IV.  Not  more  than  two  Counfellors  fhall  be  chofen  out 
of  any  one  diftrid  of  this  commonwealth. 

V.  The  refolutions  and  advice  of  the  Council  fhall  be  re¬ 
corded  in  a  regifler,  and  figned  by  the  members  prefent  ; 
and  this  record  may  be  called  for.  at  any  time,  by  either 
fioufe  of  the  Legifiature  ;  and  any  member  of  the  Council 
may  infert  his  opinion,  contrary  to  the  refoiution  of  the 


majority. 

VI.  Whenever  the  office  of  the  Governor  and  Lieutenant- 
Governor  fhall  be  vacant,  by  reafon  of  death,  abience,  or 
otherwife,  then  the  Council,  or  the  major  part  of  them, 
fhall,  during  fuch  vacancy,  have  full  power  and  authorin', 
to  do,  and  execute,  all  and  every  fuch  arts,  matters  and 
things,  as  the  Governor  01  Lieutenant-Governor  might  or 
could,  by  virtue  of  this  conftitution,  do  or  execute,  if  they 
or  either  of  them,  were  perfonally  prefent. 

VII.  And  whereas  the  elections,  appointed  to  be  made 
by  this  conftitution,  on  the  laft  Wednefday  in  May  annually, 
by  the  two  Houfes  of  the  Legillature,  may  not  be  com¬ 
pleted  on  that  day,  the  faid  elections  may  be  adjourned,  from 
day  to  day,  until  the  fame  fhall  be  completed.  And  the  or¬ 
der  of  eledions  fhall  be  as  follows  :  The  vacancies  in  the 
Senate,  if  any,  fhall  firft  be  filled  up;  the  Governor  and 
Lieutenant-Governor  fhall  then  be  eleded,  provided  there 


CONSTITUTION  OF 


5<S 

fhall  be  no  choice  of  them  by  the  people  ;  and  afterwards  1 
the  two  Houfes  fhall  proceed  to  the  election  of  the  Council.  1 

CHAP.  II.  Sect.  IV. 

Secretary ,  P reafurery  CommiJJary ,  & c. 

Art.  I.  THE  Secretary,  Treafurer,  and  Receiver-Gene, 
ral,  and  the  Commiftary-General,  Notaries  Public,  and  Naval 
Officers,  fhall  be  chofen  annually,  by  joint  ballot  of  the  Se¬ 
nators  and  Representatives  in  one  room.  And  that  the  citi¬ 
zens  of  this  commonwealth  may  be  affirred,  from  time  to 
time,  that  the  monies  remaining  in  the  public  treafury,  upon 
the  fettlement  and  liquidation  of  the.  public  accounts,  are 
their  property,  no  man  fhall  be  eligible,  as  Treafurer  and 
Receiver-General,  more  than  five  years  fuccefiively. 

II.  The  records  of  the  commonwealth  fhall  be  kept  in  the 
office  of  the  Secretary,  who  may  appoint  his  deputies,  for 
whofe  conduct  he  fhall  be  accountable  :  and  he  fhall  attend 
the  Governor  and  Council,  the  Senate  and  Houfe  of  Repre,. 
fentatives  in  perfon,  or  by  his  deputies,  as  they  fhall  re* 
fpe&ively  require. 


CHAP.  III. 

JUDICIART  POWER . 

Art.  I.  THE  tenure,  that  all  commifiion  officers  (hall  by 
law  have  in  their  offices,  fhall  be  exprefled  in  their  refpeftive 
commiffions,  all  judicial  officers,  duly  appointed,  commif- 
fioned  and  fworn,  fhall  hold  their  offices  during  good  behavi¬ 
or,  excepting  fuch  concerning  whom  there  is  different  provi. 
fion  made  in  this  conftitution  ;  provided  neverthelefs,  the 
Governor,  with  confent  of  the  Council,  may  remove  them 
upon  the  addrefs  of  both  Houfes  of  the  Legiflature.1 

II.  Each  branch  of  the  Legiflature,  as  well  as  the  Go¬ 
vernor  and  Council,  fhall  have  authority,  to  require  tho 
opinions  of  the  Juftices  of  the  Supreme  Judicial  Court,  upon 
important  queftions  of  law,  and  upon  folemn  occafions. 

III.  In  order  that  the  people  may  not  fuffer  from  the  long 
continuance  in  place,  of  any  juftice  of  the  peace,  who  fhall 
fail  of  difeharging  the  important  duties  of  his  office  with 
ability  or  fidelity,  all  commiffions  of  juftices  of  the 
peace  fhall  expire  and  become  void,  in  the  term  of  feven 
years  from  their  refpe&ive  dates  ;  and  upon  the  expiration 


MASSACHUSETTS. 


57 


of  any  commifiion,  the  fame  may,  if  neceffhry,  be  renewed, 
or  another  perfon  appointed,  as  (hall  moil  conduce  to  the 
well-being  of  the  commonwealth. 

IV.  The  Judges  of  Probate  of  Wills,  and  for  granting 
letters  of  adminiftration,  (hall  hold  their  courts  at  fuch 
place  or  places  on  fixed  days,  as  the  convenience  of  the  peo¬ 
ple  (hall  require.  And  the  Legidature  (hall,  from  time  to 
time,  hereafter  appoint  fuch  times  and  places  ;  until  which 
appointments,  the  faid  courts  fhall  be  holden  at  the  times 
and  places,  'which  the  refpedive  judges  (hall  direft. 

V.  All  caufes  of  marriage,  divorce,  and  alimony,  and  all 
appeals  from  the  Judges  of  Probate,  lhall  be  heard  and  de¬ 
termined  by  the  Governor  and  Council,  until  the  LegifU- 
ture  fhall,  by  law,  make  other  provifion. 

CHAP.  IV. 

DELEGATES  TO  CONGRESS. 

THE  delegates  of  this  commonwealth  to  the  Congrefs  of 
the  United  States,  lhall,  fometime  in  the  month  of  June  an¬ 
nually,  be  eledled  by  joint  ballot  of  the  Senate  and  Houfe  of 
Reprefentatives,  aifembled  together  in  one  room ;  to  ferve 
in  Congrefs  for  one  year,  to  commence  on  the  firft  Monday 
in  November  then  next  enfuing.  They  lhall  have  commif- 
fions,  under  the  hand  of  the  Governor,  and  the  great  feal  of 
the  commonwealth  ;  but  may  be  recalled  at  any  time  within 
the  year,  and  others  chofen  and  commiffioned  in  the  fame 
manner,  in  their  (lead. 

CHAP.  V. 

The  UtticV£rJitj  at  Cambridge ,  and  encouragement  of  Litera¬ 
ture,  &  c . 

Sect.  I.  THE  UNITERS  ITT. 

Art.  I.  WHEREAS  our  wife  and  pious  anceftors,  fo 
early  as  the  year  one  thoufand  fix  hundred  and  thirty-fix, 
laid  the  foundation  of  Harvard  College  ;  in  which  univer- 
fity  many  perfons  of  great  eminence,  have,  by  the  blelfing 
of  God,  been  initiated  in  thofe  arts  and  fciences,  which  qua¬ 
lified  them  for  public  employments,  both  in  church  and  (late: 
and  whereas  the  encouragement  of  arts  and  fciences,  and  all 
good  literature,  tends  to  the  honour  of  God,  the  advantage 
of  the  Chfifiian  religion,  and  the  great  benefit  of  this  and 


CONSTITUTION  Of 


58 

the  other  United  States  of  America.  It  is  declared,  that  the 
Prefident  and  Fellows  of  Harvard  College,  in  their  coporate 
capacity,  and  their  fucceffors  in  that  capacity,  their  officers 
and  fervants,  fhall  have,  hold,  ufe,  exercife,  and  enjoy  all 
the  powers,  authorities,  rights,  liberties,  privileges,  immu¬ 
nities  and  franchjfes,  which  they  now  have,  or  are  entitled 
to  have,  hold,  ufe,  exercife  and  enjoy  :  and  the  fame  are 
hereby  ratified  and  confirmed  unto  them,  the  faid  Prefident 
and  Fellows  of  Harvard  College,  and  to  their  fucccflbrs,  and 
to  their  officers  and  fervants,  refpedively,  forever. 

II.  And  whereas  there  have  been,  at  fundry  times,  by  di¬ 
vers  perfons,  gifts,  grants,  devifes  of  houfes,  lands,  tene¬ 
ments,  goods,  chatties,  legacies,  and  conveyances,  hereto¬ 
fore  made,  either  to  Harvard  College,  in  Cambridge,  in  Ncw- 
England,  or  to  the  Prefident  and  Fellows  of  Harvard  College, 
or  to  the  faid  College,  by  fome  other  defeription,  under  feve- 
ral  charters  fucceffively — it  is  declared,  that  all  the  faid  gifts, 
grants,  devifes,  legacies,  and  conveyances,  are  hereby  for¬ 
ever  confirmed  unto  the  Prefident  and  Fellows  of  Harvard 
College,  and  to  their  fuccefiors  in  the  capacity  aforefaid,  ac¬ 
cording  to  the  true  intent  and  meaning  of  the  donor  or  donors, 
grantor  or  grantors,  devifor  or  devifors. 

III.  And  whereas,  by  an  acl  of  the  General  Court  of  the 
colony  of  Mafifachufetts-Bay,  pa  fled  in  the  year  one  thoufand 
fix  hundred  and  forty-two,  the  Governor  and  Deputy  Go¬ 
vernor,  for  the  time  being,  and  all  the  Magiftrates  of  that 
jurifdidion,  were,  with  tire  Prefident,  and  a  number  of  the 
Clergy  in  the  faid  ad  deferibed,  conftitutcd  the  overfeers  of 
Harvard  College — and  it  being  neceflary,  in  this  new  con- 
fiitution  of  government,  to  afeertain,  who  fhall  be  deemed 
fucccflbrs  to  the  faid  Governor,  Deputy  Governor,  and  Ma- 
giftrates — it  is  declared,  that  the  Governor,  Lieutenant  Go¬ 
vernor,  Council,  and  Senate  of  this  commonwealth,  are, 
and  fhall  be  deemed  their  fuccefiors  ;  who,  with  the  Prefident 
of  Harvard  College,  for  the  time  being,  together  with  the 
minifters  of  the  congregational  churches,  in  the  towns  of 
Cambridge,  Watertown,  Churleftown,  Bofton,  Roxbury,  and 
Dorchefter,  mentioned  in  the  faid  ad,  fhall  be,  and  hereby 
are,  veiled  with  all  the  powers  and  authority  belonging,  or 
in  anyway  appertaining,  to  the  overfeers  of  Harvard  College  : 

• — provided,  that  nothing  herein  (hall  be  confirmed  to  pre- 


MASSACHUSETTS. 


59 


vent  the  Legiflature  of  this  commonwealth,  from  making 
fuch  alterations  in  the  government  of  the  faid  univerfity,  as 
(hall  be  conducive  to  its  advantage,  and  the  intereft  of  the 
republic  of  letters,  in  as  full  a  manner,  as  might  have  been 
done  by  the  Legiflature  of  the  late  province  of  the  Mafla- 
chufetts-Bay. 

CHAP.  V.  Section  II. 

THE  ENCOURAGEMENT  OF  LITERATURE, 
WISDOM  and  knowledge,  as  well  as  virtue,  diffufed  ge¬ 
nerally  among  the  body  of  the  people,  being  neceffary  for  the 
prefervation  of  their  rights  and  liberties  :  and  as  thefe  depend 
on  fpreading  the  opportunities  and  advantages  of  education, 
in  the  various  parts  of  the  country,  and  among  the  different  or¬ 
ders  of  the  people,  it  fnall  be  the  duty  of  the  Legiflatures  and 
Magiflrates,  in  all  future  periods  of  this  commonwealth,  to 
cherifh  the  interefl  of  literature  and  the  fciences,  and  all  fe- 
minaries  of  them  ;  efpecially  the  univerfity  at  Cambridge, 
public  fchools  and  grammar  fchools  in  the  towns ;  to  encou¬ 
rage  private  focieties  and  public  inflitutions,  by  rewards  and 
immunities,  for  the  promotion  of  agriculture,  arts,  fciences, 
commerce,  trades,  manufactures,  and  a  natural  hiftory  of 
the  country  ;  to  countenance  and  inculcate  the  principles  of 
humanity  and  general  benevolence,  public  and  private  cha¬ 
rity,  induftry,  and  frugality,  honefty  and  punctuality  in  their 
dealings  ;  fincerity,  good  humour,  and  all  focial  affections 
and  generous  fentiments  among  the  people. 

CHAP.  VI. 

Oaths  and  fulfcriptions  ;  incompatibility  of  and  excluJioH  from 
offices  ;  pecuniary  qualifications  ;  commiffions  ;  writs  ;  con - 
frmation  of  laws  ;  habeas  corpus  ;  the  evading  f  ile  ;  con¬ 
tinuance  of  officers  ;  prowfion  for  a  future  revifal  of  tha> 
ccnjlitution ,  &c. 

Art.  I.  Any  perfon,  chofen  Governor,  or  Lieutenant 
Governor,  Counfellor,  Senator,  or  Reprefentative,  and  ac¬ 
cepting  the  truft,  (hall,  before  he  proceed  to  execute  the  du¬ 
ties  of  his  place  or  office,  take,  make  and  fublcribe  the  fol¬ 
lowing  declaration,  viz.— 

“  I,  A.  B.  do  declare,  that  I  believe  the  Chriftian  religion, 
and  have  a  firm  perfuafion  of  its  truth ;  and  that  I  am  feized 


6  o 


CONSTITUTION  OF 


and  poflefled,  in  my  own  right,  of  the  property,  required  by 
the  conftitution,  as  one  qualification  for  the  office  or  place, 
to  which  I  am  eleded.” 

And  the  Governor,  Lieutenant  Governor,  and  Counfellors, 
fhall  make  and  fubfcribe  the  faid  declaration,  in  the  prefence 
of  the  tvvoHoufesof  Affiembly;  and  the  Senators  and  Repre-j 
fentatives  firft  viewed  under  this  conftitution,  before  the  Pre-j 
iident  and  five  of  the  Council  of  the  former  conftitution 
and,  forever  afterwards,  before  the  Governor  and  Council 
for  the  time  being. 

And  every  perfon,  chofen  to  either  of  the  places  or  offices 
aforefaid,  as  alfo  any  perfon,  appointed  or  comrniffioned  to 
any  Judicial,  Executive,  Military,  or  other  office  under  the 
government,  fhall,  before  he  enters  on  the  difcharge  of  the 
bufinefs  of  his  place  or  office,  take  and  fubfcribe  the  follow¬ 
ing  declaration,  and  oaths  or  affirmations,  viz.- — 

“  I,  A.  B.  do  truly  and  fincerely  acknowledge,  profefs, 
teftify,  and  declare,  that  the  commonwealth  of  Maffachufetts 
is,  and  of  right  ought  to  be,  a  free,  fovereign  and  independ¬ 
ent  ftate  ;  and  I  do  fwear,  that  I  will  bear  true  faith  and  allegi¬ 
ance  to  the  faid  commonwealth,  and  that  I  will  defend  the 
fame  againft  traitorous  conspiracies,  and  all  hoftile  attempts 
whatfoever: — and  that  I  do  renounce  and  abjure  all  allegi¬ 
ance,  fubjedtion,  and  obedience,  to  the  King,  2>uten  or  Gk>- 
*vernment  of  Great  Britain,  as  the  cop  may  be ,  and  every  other 
foreign  power  whatfoever. — And  that  no  foreign  Prince, 
perfon,  prelate,  ltate  or  potentate,  hath,  or  ought  to  have, 
any  jurifdi&ion,  fuperiority,  pre-eminence,  authority,  dif- 
penfing,  or  other  power,  in  any  matter,  civil,  ecclefiaftical, 
orfpiritual,  within  this  commonwealth  ;  except  the  authori¬ 
ty  and  power,  which  is  or  may  be  veiled,  by  their  conftitu- 
ents,  in  the  Congrefs  of  the  United  States;  and  Ido  further 
teftify  and  declare,  that  no  man  or  body  of  men,  hath  or  can 
have  any  right  to  ahfolvc  or  difcharge  me  from  the  obligation 
of  this  oath,  declaration  or  affirmation  ;  and  that  I  do  make 
this  acknowledgment,  proicffion,  teftimony,  declaration, 
denial,  renunciation  and  abjuration,  heartily  and  truly,  ac¬ 
cording  to  the  common  meaning  and  acceptation  of  the  fore¬ 
going  words,  without  any  equivocation,  mental  evafion,  or 
fccret  refervation  whatfoever.  So  help  me  God.” 

“  I,  A .  2t  do  folemnly  fwear  and  affirm,  that  I  will  faiths 


MASSACHUSETTS. 


61 

fully  and  impartially  difcharge  and  perform  all  the  duties,  in¬ 
cumbent  on  me  as  according  to  the  beft  of  my 

abilities  and  undemanding,  agreeably  to  the  rules  and  regu- 
tions  of  the  conftitution,  and  the  laws  of  this  commonwealth. 
So  help  me  God.” 

Provided  always,  that  when  any  perfon  chofen  or  appoint¬ 
ed  as  aforefaid,  {hall  be  of  the  denomination  of  the  people 
called  Quakers,  and  {hall  decline  taking  the  faid  oaths,  he  fhall 
make  his  affirmation  in  the  foregoing  form,  and  fubferibe  the 
fame,  omitting  the  words,  (i  I  do  f wear ,”  <(  and  abjured * 
“  oath,”  “  and  abjuration ,”  in  the  firffc  oath  ;  and  in  the  fe- 
cond  oath,  the  words,  “  /-wear  and  and  in  each  of  them 
the  words,  “  So  help  me  God fubjoining  inftead  thereof, 
i(  dShis  I  do  under  the  pains  and  penalties  of  perjury” 

And  the  faid  oaths  or  affirmations  fhall  be  taken  and  fub- 
feribed,  by  the  Governor,  Lieutenant  Governor,  and  Coun- 
fellors,  before  the  Prefident  of  the  Senate,  in  the  prefence  of 
the  two  Houfes  of  Afiembly  ;  and  by  the  Senators  and  Repre- 
fentatives  firft  elected  under  this  conftitution,  before  the  Pre¬ 
fident,  and  five  of  the  Council,  of  the  former  conftitution  ; 
and,  forever  afterwards,  before  the  Governor  and  Council 

A  KmIO  I»v  •  «  U  »r  *ll£»  A  -  -  d 

jut  Lais*  liiuv  .  ciijvi  uy  tac  xv^nuu^  ui  w 1 1 uaiLUb  cuuiciaiUj 

before  fuch  perfons  and  in  fueh  manner,  as  from  time  to  time 
fhall  be  preferibed  by  the  Legiftature. 

II.  No  Governor,  Lieutenant  Governor  or  Judge  of  the 
Supreme  Judicial  Court,  fhall  hold  any  other  office,  or  place 
under  the  authority  of  this  commonwealth,  except  fuch  as 
by  this  conftitution  they  are  admitted  to  hold,  faving  that  the 
Judges  of  the  faid  court  may  hold  the  offices  of  Juftices  of  the 
Peace  through  the  ftate  ;  nor  fhall  they  hold  any  other  place  or 
office,  or  receive  any  penfion  or  falary,  from  any  other  ftate, 
or  government,  or  power,  whatever. 

No  perfon  fhall  be  capable  of  holding  or  exercifing,  at  the 
fame  time,  more  than  one  of  the  following  offices  within  this 
ftate,  ‘viz*  Judge  of  Probate,  Sheriff,  Regifter  of  Probate,  or 
Regifter  of  Deeds  :  and  never  moro  than  any  two  offices, 
which  are  to  be  held  by  appointment  of  the  Governor,  or  the 
Governor  and  Council,  or  the  Senate,  or  the  Ploufe  of  Re- 
prefentatives,  or  by  the  cle&ion  of  the  people  of  the  ftate  at 
large,  or  of  the  people  of  any  county,  (military  officer,  and 
the  office  of  Juftiee  of  the  Peace  excepted)  fhall  be  held  by 
one  perfon. 


6  2 


CONSTITUTION  OF 


No  perfon,  holding  the  office  of  Judge  of  the  Supreme  Ju¬ 
dicial  Court,  Secretary,  Attorney  General,  Solicitor  General, 
Treafurer  or  Receiver  General,  Judge  of  Probate,  Commiffa- 
ry  General ;  Prefident,  Profeffor,  or  Inflrudtor  of  Harvard 
College  ;  Sheriff,  Clerk  of  the  Houfe  of  Reprefentatives, 
Regifter  of  Probate,  Regifter  of  Deeds,  Clerk  of  the  Su¬ 
preme  Judicial  Court,  Clerk  of  the  Inferior  Court  of  Com¬ 
mon  Pleas,  or  officer  of  the  Cuftoms,  (including  in  this  de- 
fcription  naval  officers)  fhall  at  the  fame  time  have  a  feat  in 
the  Senate  or  Houfe  of  Reprefentatives  ;  but  their  being 
chofen  or  appointed  to,  and  accepting  the  fame,  fhall  operate 
as  a  refignation  of  their  feat  in  the  Senate  or  Houfe  of  Repre¬ 
fentatives  ;  and  the  place  fo  vacated  (hall  be  filled  up. 

And  the  fame  rule  fhall  take  place,  in  cafe  any  Judge,  of 
the  faid  Supreme  Judicial  Court,  or  Judge  of  Probate,  fhall 
accept  a  feat  in  Council  ;  or  any  Counfellor  fhall  accept  of 
cither  of  thofe  offices  or  places. 

And  no  perfon  fnall  ever  be  admitted  to  hold  a  feat  in  the 
LegiHature,  or  any  office  of  truft  or  importance  under  the 
government  of  this  commonwealth,  who  fhall,  in  the  due 
courfe  of  law,  have  been  convicted  of  bribery,  or  corruption 
in  obtaining  an  election  or  appointment. 

III.  In  ail  cafes,  where  fums  of  money  are  mentioned  in 

^  “  9 

this  conftitution,  the  value  thereof  fhall  be  computed  in  filver, 
at  fix  fbillings  and  eight  pence  per  ounce  :  and  it  fhall  be  in  the 
power  of  the  Legiflature,  from  time  to  time,  to  iacreafe  fuch 
qualifications,  as  to  property,  of  the  perfons  to  be  eledfed  in¬ 
to  offices,  as  the  circumftances  of  the  commonwealth  fhall 
require. 

IV.  All  commiffions  fhall  be  in  the  name  of  the  common¬ 
wealth  of  Maffachufetts,  figned  by  the  Governor,  and  atteft- 
ed  by  the  Secretary  or  his  Deputy,  and  have  the  great  feal 
of  the  commonwealth  affixed  thereto. 

V.  All  writs,  iffuing  out  of  the  Clerk’s  office,  in  any  of 
the  courts  of  law,  (hall  be  in  the  name  of  the  commonwealth 
of  Maffachufetts ;  they  fhall  be  under  the  feal  of  the  court 
from  whence  they  iffue  :  they  fhall  bear  teft  of  the  firft 
Juftice  of  the  court,  to  which  they  fhall  be  returnable,  (who 
is  not  a  party)  and  be  figned  by  the  Clerk  of  fuch  court. 

VI.  All  the  laws,  which  have  heretofore  been  adopted, 
afed  and  approved  in  the  province,  colony  or  ftate  of  Mafia. 


MASSACHUSETTS. 


63 

chufetts-Bay,  and  ufually  pradtifed  on  in  the  courts  of  law, 
fhall  ftill  remain  and  he  in  full  force,  until  altered  or  repealed 
by  the  Legiflature  :  fuch  parts  only  excepted,  as  are  repug¬ 
nant  to  the  rights  and  liberties  contained  in  this  conflitution. 

VII.  The  privilege  and  benefit  of  the  writ  of  habeas  cor¬ 
pus  fhall  be  enjoyed  in  this  Commonwealth,  in  the  mort  free, 
eafy,  cheap,  expeditious  and  ample  manner;  and  fhall  not 
be  fufpended  by  the  Legiflature,  except  upon  the  raoft  urgent 
and  prefling  occartons,  and  for  a  limited  time  not  exceeding 
twelve  months. 

VIII.  The  enabling  ftile,  in  making  and  palling  all  aCls, 
flatutes,  and  laws,  fhall  be,  “  Be  it  enaded  by  the  Senate 
and  Houfe  of  Reprefentatives,  in  General  Court  affembled, 
and  by  the  authority  of  the  fame,,” 

IX.  To  the  end  there  may  be  no  failure  of  juflice,  or 
danger  arife  to  the  commonwealth,  from  a  change  of  the. 
form  of  government, — all  officers  civil  and  military,  holding 
commiffions  under  the  government  and  people  of  Maffachu- 
fetts-Bay,  in  New-England,  and  all  other  officers  of  faid  go¬ 
vernment  and  people,  at  the  time  this  conflitution  fhall  take 
effeCl,  fhall  have,  hold,  ufe,  exercife  and  enjoy,  all  the  pow¬ 
ers  and  authority  to  them  granted  or  committed,  until  other 
perfons  fhall  be  appointed  in  their  Head  :  and  all  courts  of 
law  fhall  proceed  in  the  execution  of  the  bufinefs  of  their  re- 
fpedive  departments  ;  and  all  the  executive  and  legiflative  offi¬ 
cers,  bodies  and  powers  fhall  continue  in  full  force  in  the  en¬ 
joyment  and  exercife  of  all  their  trulls,  employments  and 
authority  ;  until  the  General  Court,  and  the  fupreme  and 
executive  officers,  under  this  conflitution,  are  defignated 
and  inverted  with  their  refpedive  trufts,  powers  and  au¬ 
thority. 

X.  In  order  the  more  effedually  to  adhere  to  tha  princ¬ 
iples  of  the  conflitution,  and  to  correCl  thofe  violations  which 
by  any  means  may  be  made  therein,  as  well  as  to  form  fuch 
alterations  as  from  experience  fhaii  be  found  necertkry,  the 
General  Court,  which  fhall  be  in  the  year  of  our  Lord  one 
thoufand  feven  hundred  and  ninety-five,  fhall  ifi'ue  precepts 
to  the  Selectmen  of  the  feveral  towns,  and  to  the  AlTefi’ors  of 
the  unincorporated  plantations,  diret-brig  them  to  convene 
the  qualified  voters  of  their  refpedive  towns  and  plantations, 
for  the  puroofeof  collecting  their  fentiments,  on  the  neceflity 


64 


CHARTER  OF 


or  expediency  of  revifing  the  conftitution  in  order  to  amend.) 
ments. 

And  if  it  (hall  appear,  by  the  returns  made,  that  two-thirdt 
of  the  qualified  voters  throughout  the  ftate,  who  fhall  afTem-l 
ble  and  vote  in  confequence  of  the  faid  precepts,  are  in  favour 
of  fuch  revifion  or  amendment,  the  General  Court  fhall  iffue 
precepts,  ordired:  them  to  be  iflued  from  the  Secretary’s  of¬ 
fice,  to  the  feveral  towns,  to  eledt  delegates  to  meet  in  con¬ 
vention,  for  the  purpofe  aforefaid. 

The  faid  delegates  to  be  chofen  in  the  fame  manner  and 
proportion,  as  their  Reprefentatives,  in  the  fecond  branch  of 
the  Legiflature,  are  by  this  conftitution  to  be  chofen. 

XI.  This  form  of  government  fhall  be  enrolled  on  parcfr 
ment,  and  depofited  in  the  Secretary’s  office,  and  be  a  part 
of  the  laws  of  the  land :  and  printed  copies  thereof  fhall  be 
prefixed  to  the  book  containing  the  laws  of  this  common¬ 
wealth,  in  all  future  editions  of  the  faid  laws. 

JAMES  BOWDQIN,  Prefident. 

Attejt ,  Samuel  Barret,  Secretary , 

• — — 

RHODE-ISLAND. 

Rhode -IJIand  Charter ,  granted  by  King  Charles  II,  in  the 
fourteenth  year  of  his  reign , 

Quintadecima  pars  Patentium  Anno  Regni  Regis  Caroli  Secun - 

di  Quwtodecitno, 

CHARLES  the  Second,  by  the  grace  of  God,  See,  To 
all,  to  whom  thefe  prefents  fhall  come,  greeting. 
Whereas  we  have  been  informed,  by  the  petition  of  our  trufty 
and  well  beloved  fubjefrs,  John  Clarke,  on  the  behalf  of 
Bcnedidf  Arnold,  William  Brenton,  William  Codington,  Ni¬ 
cholas  Eaftcn,  William  Bouillon,  John  Porter,  John  Smith, 
Samuel  Gorton,  John  Weekes,  Roger  Williams,  Thomas 
Oiney,  Gregory  Dexter,  John  Cogefhall,  Jofeph  Clarke, 
Randall  Houlden,  John  Greene,  JohnRoorne,  Samuel  Wild- 
bore,  William  Field,  James  Barker,  Richard  Tew,  Thomas 
Harris,  and  William  D  yre,  and  the  reft  of  the  purchafers, 
and  free  inhabitants  of  our  ifland  called  Rhode-Ifland,  and 
the  reft  of  the  colony  of  Providence  Plantations,  in  the  Nar- 
ragaufet  Bay,  in  New-England,  in  America — That  they, 


RHODE-ISLAND. 


purfuing  with  peace  and  loyal  minds  their  fober,  ferious,  and 
religious  intentions,  of  Godly  edifying  themfelves,  and  one 
another,  in  the  holy  Chriftian  faith  and  worfhip  as  they 
were  perfuaded,  together  with  the  gaining  over  and  conver- 
fion  of  the  poor  ignorant  Indian  natives,  in  thole  parts  of 
America,  to  the  fincere  profeffion  and  obedience  of  the  fame 
faith  and  worfhip,  did  not  only,  by  the  confcnt  and  good 
encouragement  of  our  royal  progenitors,  tranfport  themfelves 
out  of  this  kingdom  of  England,  into  America  ;  but  alfo 
fince  their  arrival  there,  after  their  ftrft  fettlement  amOngft 
.  other  of  our  fubjeds  in  thofe  parts,  for  the  avoiding  of  dif- 
cord,  and  thofe  many  evils  which  were  likely  to  enfue  upon 
thofe  our  fubjeds,  not  being  able  to  bear,  in  thofe  remote 
parts,  their  different  apprehenfions  in  religious  concernments  : 
and  in  purfuance  of  the  aforefaid  ends,  did  once  again  leave 
their  defirable  flations  and  habitations,  and  with  exceffive 
labour  and  travel,  hazard  and  charge,  did  tranfplant  them¬ 
felves  into  the  mid  ft  of  the  Indian  natives,  who,  as  we  are 
informed,  are  the  moft  potent  princes  and  people  of  all  that 
country  ;  where,  by  the  good  providence  of  God,  (from 
whom  the  plantations  have  taken  their  name)  upon  their  la¬ 
bour  and  induftry,  they  have  not  only  been  preferved  to  ad¬ 
miration,  but  have  increafed  and  profpered,  and  are  feized 
and  poffeffed,  by  purchafe  and  confent  of  the  faid  natives, 
to  their  full  content,  of  fuch  lands,  iilands,  rivers,  harbours, 
and  roads,  as  are  very  convenient  both  for  plantations,  and  aifa 
for  building  of  ihips,  fupply  of  pipe-ftaves,  and  other  merchan- 
dife,  which  lie  very  commodious,  in  many  refpcds,  for  com¬ 
merce,  and  to  accommodate  our  fouthern  plantations,  and 
may  much  advance  the  trade  of  this  our  realm,  and  greatly 
enlarge  the  territories  thereof;  they  having  by  near  neigh¬ 
bourhood  to,  and  friendly  fociety  with,  the  great  body  of 
Narraganfet  Indians,  given  them  encouragement,  of  their 
own  accord,  to  fubjed  themfelves,  their  people  and  land 
unto  us  ;  whereby,  as  is  hoped,  there  may,  in  time,  by  the 
bleffmg  of  God  upon  their  endeavours,  be  laid  a  fure  founds-. 
|;  don  of  happinefs  to  all  America  : — 

And  whereas,  in  their  humble  addrefs,  they  have  freely 
declared,  that  it  is  much  pn  their  hearts  (if  they  be  permit¬ 
ted)  to  hold  forth  a  lively  experiment  that  a  moft  flourifhing 
civil  ftate  may  ftand,  and  belt  be  maintained,  and  that  among 

G 


66 


CHARTER  OF 


our  Englifli  fubjeds,  with  a  full  liberty  in  religious  con¬ 
cernments  ;  and  that  true  piety,  rightly  grounded  upon 
gofpel  principles,  will  give  the  bed  and  greateft  fecurity  to 
1'overeignty,  and  will  lay  in  the  hearts  of  men  the  ftrongeft 
obligations  to  true  loyalty  : — 

Now,  know  ye,  that  we — (being  willing  to  encourage 
the  hopeful  undertaking  of  our  faid  loyal  and  loving  fubjeds, 
and  to  Secure  them  in  the  free  exercife  and  enjoyment  of  all 
their  civil  and  religious  rights  appertaining  to  them,  as  cur 
loving  fubjeds,  and  to  Secure  them  in  the  free  exercife  and 
enjoyment  of  all  their  civil  and  religious  rights  appertaining 
to  them,  as  our  loving  fubjeds  ;  and  to  preferve  unto  them 
that  liberty,  in  the  true  Chriftian  faith,  and  worfhip  of 
God,  which  they  have  Sought  (with  So  much  travel,  and 
with  peaceable  minds  and  loyal  fubjedion  to  our  royal  pro¬ 
genitors  and  ourfelves)  to  enjoy  ;  and  becaufe  Some  of  the 
people  and  inhabitants  of  the  fame  colony  cannot,  in  their 
private  opinion,  conform  to  the  public  exercife  of  religion, 
according  to  the  liturgy,  form  and  ceremonies  of  the  church 
of  England,  or  take  or  fubferibe  the  oaths  and  articles,  made 
and  eftablifhed  in  that  behalf  ;  and  for  that  the  fame,  by 
reafon  of  the  remote  diftances  of  thofe  places ;  will,  as  we 
hope,  be  no  breach  of  the  unity  and  uniformity  eftablifhed 
in  this  nation — )  have  therefore  thought  fit,  and  do  hereby 
publifh,  grant,  ordain,  and  declare  that  our  royal  will  and 
pleafure  is — 

That  no  perfon  within  the  faid  colony,  at  any  time  here¬ 
after,  (hall  be  anywife  molefted,  punifhed,  difquieted,  or 
called  in  queftion,  lor  any  differences  in  opinion  in  matters 
of  religion,  who  do  not  actually  difturb  the  civil  peace  of 
our  faid  colony  ;  but  that  all  and  every  perfon  and  perfons 
may,  from  time  to  time,  and  at  ail  times  hereafter,  freely 
and  fully  have  and  enjoy  his  and  their  own  judgments  and 
confciences,  in  matters  of  religious  concernments,  through¬ 
out  the  trad:  of  land  hereafter  mentioned — they  behaving 
themfelves  peaceably  and  quietly,  and  not  ufing  this  liberty, 
to  licentioufnefs  and  profanenefs,  nor  to  the  civil  injury  or 
outward  difturbance  of  others  ; — any  law,  ftatute,  or  claufe 
therein  contained,  or  to  be  contained,  ufage  or  cuftom  of  this 
realm,  to  the  contrary  hereof,  in  any  wife  notwithftanding. 


RHODE-ISLAND. 


67 


And  that  they  may  be  in  the  better  capacity  to  defend 
themfeives,  in  their  juft  rights  and  liberties,  againft  all  the 
enemies  of  the  Chriftian  faith,  and  others,  in  all  refpe<fts — 
we  have  further  thought  fit,  and  at  the  humble  petition  of 
the  perfons  aforefaid,  are  graciouflv  pleafed  to  declare, — 
That  they  fhall  have  and  enjoy  the  benefit  of  our  late  aft 
of  indemnity,  and  free  pardon,  as  the  reft  of  our  fubjefts  in 
other  our  dominions,  and  territories  have ;  and  to  create 
and  make  them  a  body  politic  or  corporate,  with  the  powers 
or  privileges  herein  after  mentioned.  And,  accordingly,  our 
will  and  pleafure  is,  and  of  our  efpecial  grace,  certain  know¬ 
ledge  and  mere  motion,  we  have  ordained,  conftituted  and 
declared  ;  and  by  thefe  prefents,  for  us,  our  heirs  and  fuc- 
ceftbrs,  do  ordain,  conftitute  and  declare,  that  they  the  faid 
William  Brenton,  William  Codington,  Nicholas  Eafton, 
Benedict  Arnold,  William  Boulfton,  John  Porter,  Samuel 
Gorton,  John  Smith,  John  Weekes,  Roger  Williams,  Tho¬ 
mas  Olney,  Gregory  Dexter,  John  Cogeftiall,  Jofeph  Clarke, 
Randall  Houlden,  John  Greene,  John  Roome,  William. 
Dyre,  Samuel  Wildbore,  Richard  Tew,  William  Field, 
Thomas  Harris,  James  Barker,  Rainfborrow, 

Williams,  and  John  Nickfon,  and  all  fuch  others  as  are  now’, 
or  hereafter  fhall  be  admitted  free  of  the  company  and  foci- 
ety  of  our  colony  of  Providence  plantations,  in  the  Narra- 
ganfet  Bay,  in  New-England,  fhall  be,  from  time  to  time, 
and  for  ever  hereafter,  a  body  corporate  and  politic,  in  fadt 
and  name,  by  the  name  of  The  Governor  and  company  of  the 
Englifh  colony  of  Rhode-Ifland,  and  Providence  plantations, 
in  New-England,  in  America  ;  and  that  by  the  fame  name, 
they  and  their  fucceffors  ftiali  and  may  have  perpetual  fuc- 
cefiion,  and  fhall  and  may  be  perfons  able  and  capable  in  the 
law  to  fue  and  be  fued,  to  plead  and  be  impleaded,  toanfwer 
and  to  be  anfwered  unto,  to  defend  and  to  be  defended,  in  all 
and  Angular  fuits,  caufes,  quarrels,  matters,  aftions  and  things, 
of  what  kind  or  nature  foevcr  ;  and  alfo  to  have,  take,  pof- 
fefs,  acquire,  and  purchafe  lands,  tenements,  or  heredita¬ 
ments,  or  any  goods  or  chatties,  and  the  fame  to  Icafc,  grant, 
demife,  alien,  bargain,  fell,  anddifpofe  of,  at  their  own  will 
and  pleafure,  as  other  our  liege  people  of  this  our  realm  of 
England,  or  any  corporation  or  body  politic  within  the  fame, 
may  lawfully  do  ; 


68 


CHARTER  OF 


And  further,  that  they  the  faid  Governor  and  Company, 
and  their  fucceffors,  fhail  and  may,  forever  hereafter,  have 
a  common  feal,  to  ferve  and  ufe  for  ail  matters,  caufes,  things 
and  affairs  whatfoever,  of  them  and  their  fucceffors  :  and 
the  fame  feal  to  alter,  change,  break,  and  make  new,  from 
time  to  time,  at  their  will  and  pleafure,  as  they  fhail  think  fit. 

And  further,  we  will  and  ordain,  and  by  thefe  prefents,  for 
»s,  our  heirs  and  fucceffors,  declare  and  appoint,  that,  forj 
the  better  ordering  and  managing  of  the  affairs  and  bufinefs 
of  the  faid  company  and  their  fucceffors,  there  fhail  be  one 
Governor,  one  Deputy-Governor,  and  ten  afliftants,  to  be 
from  time  to  time  conftituted,  elefted  and  chofen,  out  of  the 
freemen  of  the  faid  company,  for  the  time  being,  in  fuch 
manner  and  form,  as  is  hereafter  in  thefe  prefents  expreffed  ; 
which  faid  officers  fhail  apply  themfelves  to  take  care,  for  the 
beft  difpofing  and  ordering  of  the  general  bufinefs  and  affairs 
of,  and  concerning  the  lands  and  hereditaments  herein  after 
mentioned  to  be  granted,  and  the  plantation  thereof,  and 
ihe  government  of  the  people  there. 

And  for  the  better  execution  of  our  royal  pleafure  herein, 
we  do,  for  us,  our  heirs  and  fucceffors,  affign,  name,  conflitute 
and  appoint,  the  aforefaid  Benedict  Arnold,  to  be  the  firft: 
and  prefent  Governor  of  the  faid  company  ;  and  the  faid 
William  Brenton,  to  be  the  Deputy  Governor;  and  the  faid 
William  Bouillon,  John  Porter,  Roger  Williams,  Thomas 
Oiney,  John  Smith,  John  Greene,  John  Cogefhall,  James 
Barker,  William  Field,  and  Jofcph  Clarke,  to  be  the  ten 
prefent  affiftants  of  the  faid  company,  to  continue  in  the  faid 
ieveral  offices  refpe£lively ,  until  the  firft  Wednefday  which 
ih all  be  in  the  month  of  May  now  next  coming. 

And  further,  we  will,  and  by  thefe  prefents,  for  us,  our 
heirs,  and  fucceffors,  do  ordain  and  grant,  that  the  Governor 
of  the  Did  company,  for  the  time  being,  or  in  his  abfence, 
by  occafion  of  ficknefs,  or  othenvife,  by  his  leave  or  permif- 
fion,  the  Deputy  Governor  for  the  time  being,  fliall  and  may 
from  time  to  time,  upon  all  occafions,  give  orders  for  the  af- 
fembling  of  the  faid  company,  and  calling  them  together,  to 
confult  and  advife  of  the  bufinefs  and  affairs  of  the  faid  com¬ 
pany  ;  and  that  forever  hereafter,  twice  in  every  year,  that 
is  to  fay,  on  every  firft  Wednefday  in  the  month  of  May,  and 
cn  every  laft  Wednefday  in  (Xicber,  or  oftener,  in  cafe  it 


RHODE-ISLAND; 


Shall  be  requisite,  the  affifiants,  and  fuch  of  the  freemen  of 
the  faid  company,  not  exceeding  Six  perfons  for  Newport, 
four  perfons  for  each  of  the  refpeftive  towns  of  Providence, 
Portsmouth,  and  Warwick,  and  two  perfons  for  each  other 
place,  town,  or  city,  who  {lo all  be  from  time  to  time  there¬ 
unto  deeded  or  deputed  by  the  major  part  of  the  freemen  of 
the  refpedive  towns  or  places,  for  which  they  (hail  be  fo 
eleided  or  deputed,  (hall  have  a  general  meeting  or  affembly, 
then  and  there  to  confult,  advife  and  determine,  in  and  about 
the  affairs  and  bufinefs  of  the  faid  company  and  plantations. 

And  further,  we  do,  of  our  efpecial  grace,  certain  know¬ 
ledge,  and  mere  motion,  give  and  grant  unto  the  faid  Go¬ 
vernor,  and  Company  of  the  Englifh  Colony  of  Rhode-Ifiand, 
and  Providence  Plantations,  in  New-England,  in  America, 
and  their  fuccelTors,  That  the  Governor,  or  in  his  abfence, 
or  by  his  permiffion,  the  Deputy  Governor  of  the  faid  com¬ 
pany,  for  the  time  being,  the  affifiants,  and  fuch  of  the  free¬ 
men  of  the  faid  company,  as  fhali  be  fo  aforefaid  defied  or 
deputed,  or  fo  many  of  them  as  flu  all  be  prefent  at  fuch  meet¬ 
ing  or  affembly,  as  aforefaid,  fhali  be  called  the  General  Af- 
fembly  \  and  that  they,  or  thegreateft  part  of  them  then  pre¬ 
fent  (whereof  the  Governor,  or  Deputy  Governor,  and  fix  of 
the  affifiants  at  leaft,  to  be  feven)  fhali  have,  and  have  here¬ 
by  given  and  granted  unto  them,  full  power  and  authority, 
from  time  to  time,  and  at  all  times  hereafter,  to  appoint, 
alter,  and  change  fuch  days,  times  and  places  of  meeting, 
and  general  affembly,  as  they  fhali  think  fit ;  and  to  chufe, 
nominate,  and  appoint  fuch  and  fo  many  perfons  as  they 
fhali  think  fir,  and  (hall  be  willing  to  accept  the  fame,  to  be 
free  of  the  faid  company  and  body  politic,  and  them  into  the 
fame  to  admit ;  and  to  eleft,  and  confiitute  fuch  offices  and 
officers,  and  to  grant  fuch  needful  commifiions,  as  they  fhali 
think  fit  and  requifite,  for  ordering,  managing,  and  dis¬ 
patching  of  the  affairs  of  the  faid  Governor  and  company,  and 
their  fucceffors  :  and  from  time  to  time,  to  make,  ordain, 
confiitute,  and  repeal,  fuch  laws,  ftatutes,  orders  and  ordi¬ 
nances,  forms,  and  ceremonies  of  government  and  magiftra- 
as  to  them  fhali  feem  meet,  for  the  good  and  welfare  of 
the  faid  company,  and  for  the  government  and  ordering  of 
the  lands  and  hereditaments  herein  after  mentioned  to  he 
granted,  and  of  the  people  that  do,  or  at  any  time  hereafter 

G  2  * 


CHARTER  OF 


7  P 


{hall  Inhabit,  or  be  within  the  fame;  fo  as  inch  laws,  ordi-j 
nances,  and  conftitutions,  fo  made,  be  not  contrary  and  re¬ 
pugnant  unto,  but,  (as  near  as  may  be)  agreeable  to  the 
laws  ol  this  pur  realm  of  England,  conlidermg  the  nature 
md  confiiturion  of  the  place  and  people  there  ;  and  alfo,  to 
appoint,  order,  and  diredt,  erect  and  fettle  fuch  places  and 
Courts  ol  K  nfdietion,  forbearing  and  determining  of  ail  ac¬ 
tions,  cafes,  matters  and  things,  happening  within  the  fuid 
colony  and  plantation,  and  which  .lhall  be  in  difpute,  and 
depending  there,  as  they  fhall  think  fit;  and  alfo  to  diftin- 
guifh  and  fet  forth  the  feveral  names  and  titles,  duties,  pow¬ 
ers,  and  limits,  of  each  court,  office,  and  officer,  fuperior 
and  inferior  ;  and  alfo,  to  contrive  and  appoint  fuch  forms  of 
oaths  and  alterations,  not  repugnant,  but  (as  near  as  may  be) 
agreeable,  as  aforefaid,  to  the  laws  and  lfatutes  of  this  our 
realm,  as  are  convenient  and  requifite,  with  refpeft  to  the 
due  adminiftration  of  juftice,  and  due  execution  anddifeharge 
of  ail  offices  and  places  of  trull,  by  the  perfons  that  final!  be 
therein  concerned  ;  and  alfo  to  regulate  and  order  the  wav 
and  manner  of  al !  elections  to  offices  and  places  of  truft,  and 
to  prefcril  ie,  limit  and  diitinguifh  the  number  and  bounds  of 
all  places,  towns  and  cities,  within  the  limits  and  bounds 
herein  alter  mentioned,  and  not  herein  particularly  named, 
that  have  or  (hall  have  the  power  of  electing  and  fending  of 
freemen  to  the  faid  General  Affembly  ;  and  alfo  to  order,  di- 
ieCl:,  and  act  ho  rife  the  impofing  of  lawful  and  reafonable 
fines,  molds,  imprifonment,  and  executing  other  punifh- 
ments,  pecuniary  and  corporal,  upon  offenders  and  delin¬ 
quents,  according  to  the  courfe  of  other  corporations,  with¬ 
in  this  our  kingdom  of  England  ;  and  again,  to  alter,  revoke, 
annul  or  pardon,  under  their  common  leal,  or  other  wife, 
fuch  fines,,  mulds,  imprisonments,  fentences,  judgments 
and  condemnations,  as  lhall  be  thought  fit;  and  to  di  es%, 
rule,  order,  and  difpofe  of  all  other  matters  and  things,  and 
particularly  that  which  relates  to  the  making  of  purchafes  of 
the  native  Indians,  as  to  them  (hall  feem  meet ;  whereby  our 
faid  people,  and  inhabitants  in  the  (aid  plantations,  may  be 
fo  religioully,.  peaceably,  and  civilly  governed,  as  that,  by 
their  good  lire,  and  orderly  converfaticn,  they  may  win  and 
invite  the  native  Indians  of  the  country,  to  the  knowledge, 
and  obedience  of  the  only  true  God  and  Saviour  of  mankind  \ 


RHODE- ISLAND. 


7* 

willing,  commanding  and  requiring,  and  by  thefe  prefents, 
for  us,  our  heirs,  and  fucceffiors,  ordaining  and  appointing, 
that  all  fueh  laws,  ftatutes,  orders  and  ordinances,  inftruCti- 
ons,  impofitions  and  directions,  as  fhall  be  fo  made  by  the 
Governor,  deputy,  afiiftants,  and  freemen,  or  fuch  number 
of  them  as  aforefaid,  and  pubiifhed  in  writing  under  their 
common  feal,  (hall  be  carefully  and  duly  obferved,  kept, 
performed,  and  put  in  execution,  according  to  the  true  in¬ 
tent  and  meaning  of  the  fame.  And  thefe  our  letters  patents, 
or  the  duplicate  or  exemplification  thereof,  fhall  be,  to  all 
and  every  fuch  officers,  fuperior  or  inferior,  from  time  to 
time,  for  the  putting  of  the  fame  orders,  laws,  ftatutes,  ordi- 
nances,  inftruCtions,  and  directions,  in  due  execution, 
again!!  us,  our  heirs  and  fucceffiors,  a  fufficient  warrant  and 
difeharge. 

And  further,  our  will  and  pleafure  is,  and  we  do  hereby 
for  us,  our  heirs  and  fucceffiors,  eftabiifh  and  ordain,  That 
yearly,  once  in  the  year  for  ever  hereafter,  namely,  the  afore¬ 
faid  Wednefday  in  May,  and  at  the  town  of  Newport,  or 
elfewhere  if  urgent  occafion  do  require,  the  Governor,  de¬ 
puty  Governor,  and  affiiftants  of  the  faid  company,  and  other 
officers  of  the  faid  company,  or  fuch  of  them  as  the  general 
affiembly  (hall  think  fit,  (hall  be  in  the  faid  general  court  or 
affembly,  to  be  held  from  that  day  or  time,  newly  chofen 
for  the  year  enfuing,  by  the  greater  part  of  the  faid  company 
for  the  time  being,  as  (hall  be  then  and  there  prefent.  And  if 
it  (hail  happen,  that  the  prefent  Governor,  deputy  Governor, 

I  and  affiiftants,  by  thefe  prefents  appointed,  or  any  fuch  as  (hall 
hereafter  be  newly  chofen  into  their  rooms,  or  any  of 

(them,  or  any  other  the  officers  of  the  faid  company,  fhall  die, 
or  be  removed  from  his  or  their  feveral  offices  or  places,  he¬ 
ir  fore  the  faid  general  day  of  election,  (whom  we  do  hereby  de- 
!  clare  for  any  mifdemeanor  or  default,  to  be  removable  by  the 
^  Governor,  affiiftants  and  company,  or  fuch  greater  part  of 
them,  in  any  of  the  faid  public  courts  to  be  affiernbled,  as 
|  aforefaid)  that  then,  and  in  every  fuch  cafe,  it  fhall  and  may  be 
lawful  to  and  for  the  faid  Governor,  Deputy  Governor,  af- 
£  fiftants,  and  company  aforefaid,  or  fuch  greater  part  of  them 
■  fo  to  be  affiernbled,  as  is  aforefaid,  in  any  of  their  affemblies, 

\  to  proceed  to  a  new  election  of  one  or  more  of  their  company 
.■  in  the  room  or  place,  rooms  or  places,  of  fuch  officer  or  offi- 


72 


CHARTER  OF 


cers,  fo  dying,  or  removed,  according  to  their  direflions.  And! 
immediately  upon  and  after  fuch  eie&ion  or  eie&ions  made  of 
fuch  Governor,  Deputy  Governor,  affiftant  or  affiflants,  or 
any  other  officer  of  the  faid  company,  in  manner  and  form 
aforefiid,  the  authority,  office  and  pov/er,  before  given  to  the; 
former  Governor,  Deputy  Governor,  and  other  officer  and  of¬ 
ficers  fo  removed,  in  whofe  {lead  and  place  new  fhall  be  cho- 
fen,  fhall,  as  to  him  and  them,  and  every  of  them  refpective- 
ly,  ceafe  and  determine: — Provided  always,  and  our  will 
andpleafure  is,  that  as  well  fuch  as  are  by  thefe  prefents  appoint¬ 
ed  to  be  the  prefent  Governor,  Deputy- Governor,  and  Af- 
fiftants  of  the  faid  Company,  as  thofe  which  fhall  fucceed 
them,  and  ail  other  officers,  to  be  appointed  and  chofen  as 
aforefaid,  fhall,  before  the  undertaking  the  execution  of 
the  faid  offices  and  places  refpeftiveiy,  give  their  folemn  en¬ 
gagement,  by  oath  or  otherwife,  for  the  due  and  faithful 
performance  of  their  duties,  in  their  feveral  offices  and  places, 
before  fuch  perfon  or  perfons,  as  are  by  thefe  prefents  here¬ 
after  appointed  to  take  and  receive  the  fame  ; — that  is  to  fay,  ; 
the  faid  Benedict  Arnold,  who  is  herein  before  nominated  and 
appointed  the  prefent  Governor  of  the  faid  Company,  fhall  give 
the  aforefaid  engagement,  before  William  Brenton,  or  any 
two  of  the  faid  afiiftants,  of  she  faid  company,  unto  whom 
we  do  by  thefe  prefents  give  full  power  and  authority  to  re¬ 
quire  and  receive  the  fame  :  and  the  faid  William  Brenton, 
who  is  hereby  before  nominated  and  appointed  the  pre¬ 
fent  Deputy-Governor  of  the  faid  company,  fhall  give 
the  aforefaid  engagement  before  the  faid  Benedict  Arnold, 
dr  any  two  of  the  affiflants  of  the  faid  company,  unto  whom 
we  do,  by  thefe  prefents,  give  full  power  and  authority  to 
require  and  receive  the  fame  ;  and  the  faid  William  Boui¬ 
llon,  John  Porter,  Roger  Williams,  Thomas  Olney,  John 
Smith,  John  Greene,  John  Cogefhall,  James  Barker,  William 
Field,  and  Jofeph  Clarke,  who  are  herein  before  nominated 
and  appointed  the  prefent  affiilants  of  the  company,  fhall  give 
the  faid  engagement  to  their  offices  and  places  refpedlively 
belonging,  before  the  faid  Benedict  Arnold  and  William 
Brenton,  or  one  of  them,  to  whom  refpeftively  we  do  hereby 
give  full  power  and  authority  to  require,  adminifler,  or  re¬ 
ceive  the  fame.  And  further  our  will  and  pleafure  is,  that 
all  and  every  other  future  Governor,  or  Deputy-Governor, 


RHODE.ISLAND. 


73 


f  to  be  ele&ed  and  chofen  by  virtue  of  thefe  prefents,  fhall 
give  the  {aid  engagement  before  two  or  more  of  the  faid  a f- 
fiftants  of  the  faid  company,  for  the  time  being,  unto  whom 
we  do,  by  thefe  prefents,  give  full  power  and  authority  to 
require,  adminifter  or  receive  the  fame  ;  and  the  faid  affiftants, 
and  every  of  them,  and  all  and  every  other  officer  or  officers, 
to  be  hereafter  elected  and  chofen  by  virtue  of  thele  pre¬ 
fents,  from  time  to  time,  fhall  give  the  like  engagements  to 
!  their  offices  and  places  refpeCtively  belonging,  before  the 
:  Governor,  or  Deputy-Governor,  for  the  time  being  ;  unto 
which  faid  Governor,  or  Deputy-Governor,  we  do  by  thefe 
prefents  give  full  power  and  authority,  to  require,  adminif¬ 
ter,  or  receive  the  fame  accordingly. 

And  we  do  likewife,  for  us,  our  heirs  and  fucceffiors,  give 
and  grant  unto  the  faid  Governor  and  company,  and  their 
fucceffiors,  by  thefe  prefents,  that  for  the  more  peaceably 
and  orderly  government  of  the  faid  plantations,  it  fhall  and 
may  be  lawful  for  the  Governor,  Deputy-Governor,  affift- 
ants,  and  all  other  officers  and  minifters  of  the  faid  company, 
in  the  adminiftration  of  juftice,  and  exercife  of  government, 
in  the  faid  plantations,  to  ufe,  exercife,  and  put  in  execution, 
fuch  methods,  rules,  orders,  and  directions,  (not  being  con¬ 
trary  and  repugnant  to  the  laws  and  Ifatutes  of  this  our  reaim) 
as  have  been  heretofore  given,  ufed,  and  accuftorned  in  fuch 
cafes  refpeCtively,  to  be  put  in  practice,  untii  at  the  next, 
or  fome  other  general  affiembly,  efpecial  provifion  fhall  be 
made  in  the  cafes  aforefaid. 

And  we  do  further,  for  us,  our  heirs  and  fucceffiors,  give 
and  grant  unto  the  faid  Governor  and  company,  and  their 
fucceffiors,  by  thefe  prefents,  that  it  fhall  and  may  be  lawful 
to  and  for  the  faid  Governor,  or,  in  his  abfence,  the  Deputy 
Governor,  and  major  part  of  the  faid  affiftants  for  the  time 
being,  at  any  time,  when  the  faid  General  Affiembly  is  not  fit¬ 
ting,  fo  nominate,  appoint  and  conftitute  fuch  and  fo  many 
commanders,  governors,  and  military  officers,  as  to  them  fhall 
feem  requifite,  for  the  leading,  conducing,  and  training  up 
the  inhabitants  of  the  faid  plantations  in  martial  affairs,  and 
for  the  defence  and  fafeguard  of  the  faid  plantations  ;  and 
that  it  fhall  and  may  be  lawful  to  and  for  all  and  every  fuch 
commander,  governor,  and  military  officer,  that  fhall  bs 
fo  as  aforefaid,  or  by  the  governor,  or  in  his  abfence  the  De~- 


74 


CHARTER  OF 


puty  Governor,  and  fix  of  the  a  Aidants,  and  major  part  ol 
the  freemen  of  the  faid  company,  prefent  at  any  general  af-: 
femblies,  nominated,  appointed  and  conflicted,  according 
to  the  tenor  of  his  and  their  refpe#dtive  commiftions  and  di¬ 
rections,  to  affemble,  exercife  in  arm*,  marfhal,  array,  and 
put  in  warlike  pofture,  the  inhabitants  of  faid  colony, 
for  their  efpecial  defence  and  fafety  ;  and  to  lead  and  con¬ 
duct  the  faid  inhabitants,  and  to  encounter,  repulfe,  and  re¬ 
fill  by  force  of  arms,  as  well  by  fea  as  by  land,  to  kill,  flay 
and  deftroy,  by  all  fitting  ways,  enterprifes,  and  means  what-  ! 
foever,  all  and  every  fuch  perfon  or  perfons,  as  fhall  at  any 
time  hereafter  attempt  or  enterprife  the  deftruition,  invafion, 
detriment  or  annoyance  of  the  faid  inhabitants  or  plantations ; 
and  to  ufe  and  exercife  the  law  martial,  in  fuch  cafes  only  as 
occafion  fhall  neceffarily  require  ;  and  to  take  and  furprife, 
by  all  ways  and  means  whatfoever,  all  and  every  fuch  per¬ 
fon  and  perfons  with  their  fhip  or  fhips,  armour,  ammuni¬ 
tion,  or  other  goods  of  fuch  perfons,  as  (hall  in  hoftile  man¬ 
ner  invade  or  attempt  the  defeating  of  the  faid  plantation, 
or  the  hurt  of  the  faid  company  and  inhabitants  ;  and  upon 
juft  caufes  to  invade  and  defiroy  the  natives,  Indians,  or 
other  enemies  of  the  faid  colony. 

Neverthelefs,  our  will  and  plea  fare  is,  and  we  do  hereby 
declare,  to  the  reft  of  our  colonies  in  New-England,  that  it 
fhall  not  be  lawful  for  this  our  faid  colony  of  Rhode-Ifland 
and  Providence  plantations,  in  America  in  Nevv-England,  to 
invade  the  natives  inhabiting  within  the  bounds  and  limits 
of  their  faid  colonies,  without  the  knowledge  and  confent 
of  the  faid  ether  colonies.  And  it  is  hereby  declared,  that 
it  fhall  not  be  lawful  to  or  for  the  reft  of  the  colonies  to  in¬ 
vade  or  moleft  the  native  Indians,  or  any  other  inhabitants, 
inhabiting  within  the  bounds  or  limits  hereafter  men¬ 
tioned,  (they  having  fubjected  themfelves  unto  us,  and  be- 
ing  by  us  taken  into  our  fpecial  protection)  without  the 
knowledge  and  confent  of  the  Governor  and  company  of  our 
colony  of  Rhode-Iftand  and  Providence  plantation. 

Alfo  our  will  and  pleafure  is,  and  we  do  hereby  declare 
unto  all  Chriftian  kings,  princes  and  ftates,  that  if  any  per¬ 
fon,  who  fhall  hereafter  be  of  the  faid  company  or  plantation, 
or  any  other,  by  appointment  of  the  faid  governor  and  com¬ 
pany,  for  the  time  being,  fhall  at  any  time  or  times  hereaf- 


RHODE-ISLAND. 


15 


ter,  rob  or  fpoil,  by  fca  or  land,  or  do  any  hurt,  or  unlaw¬ 
ful  hoftility,  to  any  of  the  fubjedls  of  us,  our  heirs  and  fuc- 
cefTors,  or  to  any  of  the  fubjeCts  of  any  prince  or  ftate,  be¬ 
ing  then  in  league  with  us,  our  heirs  and  fucceflors  ;  upon 
complaint  of  fuch  injury  done  to  any  fuch  prince  or  flare,  or 
their  fubjedls,  we,  our  heirs  and  fucceflors,  will  make  open 
proclamation,  within  any  parts  of  our  realm  of  England,  fit 
for  that  purpofe,  that  the  perfon  or  perfons  committing  any 
fuch  robbery  or  fpoil,  (bail,  within  the  time  limited  by  fuch 
proclamation,  make  full  reftitution  or  fatisfa&ion  of  all  fuch 
injuries  done  or  committed,  fo  as  the  faid  prince,  or  others 
fo  complaining,  may  be  fully  fatisfied  and  contented  ;  and 
if  the  faid  perfon  or  perfons,  who  fhall  commit  any  fuch  rob¬ 
bery  or  fpoil,  fhall  not  make  fatisfaftion  accordingly,  within 
Sfuch  time  fo  to  be  limited,  that  then  we,  our  heirs  and  fuc- 
jceflbrs,  will  put  fuch  perfons  or  perfon  out  of  our  allegiance 
;  and  protection  :  and  that  then  it  fhall  and  may  be  lawful  and 
free  for  all  princes  or  others,  to  profecute  with  hoftility  fuch 
afrenders,  and  every  of  them,  their  and  every  of  their  pro¬ 
curers,  aiders,  abettors  and  counfellors  in  that  behalf. 

Provided  aifo,  and  our  exprefs  will  and  pleafure  is,  and 
\  we  do  by  thefe  prefents,  for  us,  our  heirs  and  fucceffors,  or- 
l  lain  and  appoint,  that  thefe  prefents  fhall  not  in  any  manner 
iiinder  any  of  our  loving  fubjefts  whatsoever,  from  ufingand 
I'xercifing  the  trade  of  fifhing  upon  the  coaft  of  New-En- 

) gland  in  America  :  but  that  they,  and  every  or  any  of  them, 
hall  have  full  and  free  power  and  liberty  to  continue  and  ufc 
he  trade  of  fiftiing  upon  the  faid  coaft,  in  any  of  the  feas 
■[hereunto  adjoining,  or  any  arms  of  the  fea,  or  fait- water, 
I  ivers  and  creeks,  where  they  have  been  accuflomed  to  fifh  ; 
^:nd  to  build  and  fet  upon  the  wafte  land,  belonging  to  the 
laid  colony  and  plantations,  fuch  wharfs,  ftages,  and  work- 
Jioufes  as  fhall  be  neceflary  for  the  faking,  drying,  and  keep¬ 
ing  of  their  fifh,  to  be  taken  or  gotten  upon  that  coaft. 

And  further,  for  the  encouragement  of  the  inhabitants  of 
liur  faid  colony  of  Providence  plantation,  to  fet  upon  the  bu- 
linefs  of  taking  whales,  it  fhall  be  lawful  for  them,  or  any 
iff  them,  having  ft  ruck  a  whale,  dubertus,  or  other  great  fi(h, 
ft  or  them  to  porfue  unto  that  coaft,  and  into  any  bay,  river, 
ove,  creek  or  fhore,  belonging  thereto,  and  it  or  them  upon 
She  faid  coaft,  or  in  the  faid  bay,  river,  cove,  creek,  or 

i  / 

m  , 


76 


CHARTER  OF 


Ihore,  belonging  thereto,  to  kill  and  order  for  the  beft  ad-  , 
vantage,  without  moleftation,  they  making  no  wilful  wade 
or  fpoil ;  any  thing  in  thefe  prefents  contained,  or  any  othei 
matter  or  thing  to  the  contrary  notwithstanding. 

And  further  alfo,  we  are  gracioufly  pieafed,  and  do  hereby 
declare,  that  if  any  of  the  inhabitants  of  our  faid  colony  do 
fet  upon  the  planting  of  vineyards,  (the  foil  and  climate  both  j 
feeming  naturally  to  concur  to  the  production  of  vines)  or  be  i 
induftrious  in  the  difeovery  of  fifhing  banks,  in  or  about  the 
faid  colony,  we  will,  from  time  to  time,  give  and  allow  all 
due  and  fitting  encouragement  therein,  as  to  others  in  cafes 
of  like  nature. 

And  further,  of  our  more  ample  grace,  certain  knowledge, 
and  mere  motion,  we  have  given  and  granted,  and  by  thefe 
prefents  for  us,  our  heirs  and  fucceffors,  do  give  and  grant, 
unto  the  faid  Governor  and  company  of  the  Englifh  colony 
of  Rhode-Ifland  and  Providence  plantation,  in  the  Narragan- 
fet  bay,  in  New-England,  in  America,  and  to  every  inha¬ 
bitant  there,  and  to  every  perfon,  and  perfons  trading  thi¬ 
ther,  and  to  every  fuch  perfon  or  perfons,  as  are  or  fhall  be 
free  of  the  faid  colony,  full  power  and  authority,  from  time 
to  time,  and  all  times  hereafter,  to  take,  fhip,  tranfport, 
and  carry  away,  out  of  any  of  our  realms  and  dominions,  for, 
and  towards  the  plantation  and  defence  of  the  faid  colony, 
fuch  and  fo  many  of  our  loving  fubjeds,  and  ftrangers,  as 
fhall  or  will  willingly  accompany  them  in  and  to  their  faid 
colony  and  plantation,  except  fuch  perfon,  or  perfons,  as  are 
or  fhall  be  therein  reftrained  by  us,  our  heirs  and  fucceffors,  or 
and  law  or  ftatute  of  this  realm  ;  and  alfo  to  (hip  and  tranf¬ 
port  all  and  all  manner  of  goods,  chatties,  merchandife,  and 
other  things  whatfoever,  that  are  or  fhall  be  ufeful  or  necef- 
fary  for  the  faid  plantations,  and  defence  thereof,  and  ufually 
tranfported,  and  not  prohibited  by  any  law  or  ftatute  of  this 
our  realm  ;  yielding  and  paying  unto  us,  our  heirs,  and  fuc- 
ceffore,  fuch  duties,  cuftoms  and  fubfidies,  as  are  or  ought 
to  be  paid  or  payable  for  the  fame. 

And  further,  our  will  and  pleafure  is,  and  we  do,  for  us, 
©ur  heirs  and  fucceffors,  ordain,  declare,  and  grant,  unto 
the  faid  Governor  and  Company,  and  their  fucceffors,  that 
all  and  every  the  fubjebis  of  us,  our  heirs  and  fucceffors, 
which  are  already  planted  and  fettled  within  our  faid  colony 


RHODE-ISLAND. 


77 


,  of  Providence  plantations,  or  which  fhail  hereafter  go  to  in- 
:  habit  within  the  Paid  colony,  and  all  and  every  of  their  chil- 
■  dren  -which  have  been  born  there,  or  which  (hall  happen  here¬ 
after  to  be  born  there,  or  on  the  fea' going  thither,  or  return¬ 
ing  from  thence,  Ihall  have  and  enjoy  all  liberties  and  im- 
i  munities  of  free  and  natural  fubjeds,  within  any  the  domi- 
inions  of  us,  our  heirs  and  fucceffors,  to  all  intents,  conftruc- 
!  tions,  and  purpofes,  whatfoever,  as  if  they  and  every  of 
:  them  were  born  within  the  realm  of  England. 

1  And  further,  know  ye,  that  we,  of  our  more  abundant 
i  grace,  certain  knowledge,  and  mere  motion,  have  given, 
granted,  and  confirmed,  and  by  thefe  prefents,  for  us,  our 
,  heirs  and  fucceffors,  do  give,  grant,  and  confirm  unto  the 
;  "aid  Governor  and  Company,  and  their  fucceffors,  all  that 
>art  of  our  dominions,  in  New-England,  in  America,  con- 
aining  the  Nahantick  and  Nanhyganfett  alias  Narraganfet 

|>ay,  and  countries  and  parts  adjacent,  bounded  on  the  well, 
>r  wefterly,  to  the  middle  or  channel  of  a  river  there,  com- 
nonly  called  and  known  by  the  name  of  Pawcatuck,  alias 
^awcawtuck  river,  and  fo  along  the  faid  river,  as  the  greater 
>r  middle  ftream  thereof  reacheth  or  lies  up  into  the  north 
|  ountry,  northward  unto  the  head  thereof,  and  from  thence 
f  i y  a  ftraight  line  drawn  due  north,  until  it  meet  with  the  fouth 
I  ine  of  the  Maffachufetts  colony  ;  and  on  the  north  or  north- 
I  rly,  by  the  aforefaid  fouth  or  foutherly  line  of  the  Mafia- 

1"  hufetts  Colony  or  Plantation,  and  extending  towards  the 
aft  or  eaftwardly,  three  Englifn  miles,  to  the  eaft  and  north- 
aft  of  the  moft  eaftern  and  north-eaftern  parts  of  the  aforefaid 
vfarraganfet  bay,  as  the  faid  bay  lieth  or  extendeth  itfelf 
rom  the  ocean  on  the  fouth  or  fouthwardly,  unto  the  mouth 
f  the  river  which  runneth  towards  the  town  of  Providence, 
r.d  from  thence  along  the  eaftwardly  fide  or  bank  of  the 
Iiid  river  (higher  called  by  the  name  of  Seacunk  river,)  up 
I )  the  falls  called  Patucket  Fails,  being  the  moft  weftwardly 
|  ne  of  Plymouth  colony  ;  and  fo  from  the  faid  falls,  in  a 
Iraight  line  due  north,  until  it  meet  with  the  aforefaid  line 
3  the  Maffachufetts  colony,  and  bounded  on  the  fouth  by 

Iie  ocean,  and  in  particular  the  lands  belonging  to  the  town 
Providence,  Patuxit,  Warwicke,  Mifquammacock,  alias 
awcatuck,  and  the  relt  upon  the  main  land,  in  the  tradl 
ojrefaid,  together  with  Rhode-Ifiand,  Block-Iiland,  and 

H 


CHARTER  OF 


7* 


?.II  the  reft  of  the  Elands  and  banks  in  the  Narraganfet  ba\| 
:md  bordering  upon  the  coaft  of  the  trad  aforefaid,  (FifherM 
Ifland  only  excepted)  together  with  all  firm  lands,  foil; 
grounds,  havens,  ports,  rivers,  waters,  fifhings,  mines  royal 
and  all  other  mines,  minerals,  precious  Hones,  quarries,  woods', 
wood-grounds,  rocks,  Hates,  and  all  and  fmgular  other  com 
modifies,  jurifdidions,  royalties,  privileges,  franchifes,  pre 
eminences  and  hereditaments  whatfoever,  within  the  faic 
trad,  bounds,  lands,  and  iflands  aforefaid,  to  them  or  any  o' 
them  belonging,  or  in  any  wife  appertaining — to  have  ant 
to  hold  the  fame,  unto  the  faid  Governor  and  Company,  an; 
their  fucce/Tors  for  ever  upon  trull,  for  the  ufe  and  benefit  c 
ihcmfelves  and  their  affcciates,  freemen  of  the  faid  colon}' 
their  heirs  and  affigns  ; — to  be  holden  of  us,  our  heirs  an  ; 
fuccefTors,  as  of  the  manor  of  Eafl-Greenwich,  in  our  counts 
of  Kent,  in  free  and  common  foccage,  and  not  in  capite,  nor 
by  Knight’s  fervice  -yielding  and  paying  therefor  to  us} 
our  heirs,  and  fuccefTors,  only  the  fifth  part  of  all  the  ore  o! 
gold  and  filver,  which,  from  time  to  time,  and  at  all  times 
hereafter,  (hall  be  there  gotten,  had  or  obtained,  in  lieu  and 
fatisfadion  of  all  fervices,  duties,  fines,  forfeitures,  made  or 
to  be  made,  claims  or  demands  whatfoever,  to  be  to  us,  our 
heirs  or  fuccefTors,  therefore  or  thereabout  rendered,  made  or 
paid  ;  any  grant  or  claufe,  in  a  late  grant  to  the  Governor 
and  Company  of  Connedicut  colony,  in  America,  to  the 
contrary  thereof  in  anywife  notwithflanding ;  the  aforefaid 
Pawcatuck  river  having  been  yielded  after  much  debate,  for 
the  fixed  and  certain  bounds  between  thefe  cur  faid  colonies, 
by  the  agents  thereof,  who  have  alfo  agreed,  that  the  faid 
Pawcatuck  river  fhall  alfo  be  called  alias  Narrogancett  or 
Narroganfett  river,  and  to  prevent  future  difputes  that  other- 
wife  might  arife  thereby,  forever  hereafter  fhall  be  conllrued, 
deemed  and  taken  to  be  the  Narrogancett  river,  in  our  late 
grant  to  Connedicut  colony,  mentioned  as  the  eaflerly  bounds 
of  that  colony. 

And  further,  our  will  and  pleafure  is,  that  in  all  matters 
of  public  controverfies,  which  may  fall  out  between  our  co¬ 
lony  of  Providence  plantations,  to  make  their  appeal  therein 
to  us,  our  heirs  and  fuccefTors,  for  redrefs  in  fuch  cafes, 


within  this  cur  realm  of 


England 


and  that  it  fhall 


RHODE-ISLAND. 


79 


and  repafs  with  freedom  into  and  through  the  reft  of  the  Em. 
glifh  colonies,  upon  their  lawful  and  civil  occafions,  and  to 
converfe,  and  hold  commerce,  and  trade  with  fuch  of  the  in¬ 
habitants  of  our  other  Englifn  colonies,  as  fhall  be  willing 
to  admit  them  thereunto,  they  behaving  themfelves  peace¬ 
ably  among  them  ;  any  aft,  claufe,  or  fentence,  in  any  ot 
the  faid  colonies  provided,  or  that  fhall  be  provided,  to  the 
contrary  in  any  wife  notwithftanding. 

And  iaftly,  we  do  for  us,  our  heirs,  and  fucceiTors,  ordain 
and  grant,  unto  the  faid  Governor  and  Company,  and  their 
fucce  ffors,  by  thefe  prefents,  that  thefe  our  letters  patents 
fli all  firm,  good,  effectual,  and  available,  in  all  things  in 
the  law,  to  all  intents,  conftruftions,  and  purpofes  whatfo- 
ever,  according  to  our  true  intent  and  meaning  herein  be- 
fore  declared  and  (hall  be  conftrued,  reputed  and  adjudged, 
in  all  cafes,  moll  favourably  on  the  behalf,  and  for  the  belt 
benefit  and  behoof  of  the  faid  Governor  and  Company,  and 
their  fucceiTors,  although  exprefs  mention,  See.  In  witnefs, 
Sec.  Witnefs,  &c.  Per  Ipfum  Regem . 


[The  ftate  of  Rhode-Iiland  and  Providence  plantations  has 
‘  not  aflumed  a  form  of  government  different  from  that  con¬ 
tained  in  the  foregoing  chapter.  For  in  that,  the  king  ceded 
to  the  Governor  and  Company,  all  powers,  legiilative,  exe¬ 
cutive,  and  judicial,  referving  to  himfelf,  as  an  acknow¬ 
ledgment  of  his  fovereignty,  a  render  of  the  fifth  part  of  the 
!gold  and  filver  ore  that  fhould  be  found  within  the  territory. 
I  he  Governor,  Chief  Magiftrates,  and  Legillators  are  chofcn 
by  the  freemen  as  ufual,  and  all  judicial,  and  executive  offi¬ 
cers  are  annually  elefted  by  the  Governor  and  Company,  or 
upper  and  lower  Houfe  of  Aflernbly.  All  proceffcs,  original 
and  judicial,  formerly  iffued  in  the  King’s  name,  but  they 
jiiow  ifiue  in  the  name  cl  the  Governor  and  Company.  The 
baths  of  allegiance  and  of  office  arc  made  conformable  to 
the  principles  of  the  revolution.  The  Governor,  in  his  legif- 
lative  capacity,  cannot  give  a  negative  to  any  aft  of  the  two 
cHoufes ;  but,  in  common  with  the  other  magiftrates,  has 
bne  voice  oniv. 

I  he  Rate  is  divided  into  five  counties,  in  each  of  which 
;here  is  a  Court  of  Common  Pleas  and  General  SefSons  of  the 
Peace,  he'd  twice  every  year,  for  the  trial  @f  all  caufes  not 


So 


CONSTITUTION  OF 


capital,  that  arife  within  their  limits ;  from  which  an  appeal! 
lies,  to  the  Superior  Court  of  Judicature,  Court  of  Alfizei 
and  General  Jail  Delivery,  whcfe  jurifcliftion  extends  over 
the  whole  hate,  and  v.ho  aifo  fit  twice  a  year  in  each  county. 

1  he  cdirftitution  admits  not  of  religious  eftafolifhments,  an yl 
further  than  depends  upon  the  voluntary  choice  of  individu¬ 
als.  Ail  men  profeffing  one  Supreme  Being,  are  equally  pro-  \ 
tected  by  the  laws  ;  and  no  particular  fed  can  claim  pre-emi- 1 
ire  nee.] 


wv- 


CONNECTICUT. 


Account  of  the  Constitution  of  Connecticut* 


CONNECTICUT  is  divided  into  fix  counties,  and  each 
county  is  divided  into  a  number  of  towns.  Each  town 
has  a  right  to  fend  two  Reprefentatives  to  the  General  Court 
or  Affembly.  The  General  Court  confifts  of  two  branches, 
called  the  Upper  arid  Lower  Houfe.  The  Upper  Houfe  is 
compofed  of  the  Governor,  Deputy-Governor,  and  twelve 
A  ffi  it  ants  or  Councilors  ;  and  the  Lower  Houfe,  of  the  Re¬ 
prefentatives  of  the  feveral  towns.  This  court  has  the  foie 
power  to  make  and  repeal  laws,  grant  levies,  difpofe  of  lands  ; 
belonging  to  the  hate,  to  particular  towns  and  perfons  :  to 
ered  and  ftile  judicatories  and  officers,  as  they  fhall  fee  ne- 
celTary  for  the  good  government  of  the  people  ;  alfo  to  call  to 
account  any  court,  m  a  gift  rate,  or  other  officer,  for  any  mif- 
demeanor  and  mal-adminiftration  ;  and  for  juft  caufe  may 
fine,  difplace,  or  remove  them,  or  deal  otherwife,  as  the  na¬ 
ture  of  the  cafe  fhall  require ;  and  deal  or  aft  in  any  other 
.matter,  that  concerns  the  good  of  the  ftate,  except  the  elec¬ 
tion  of  Governor,  Deputy-Governor,  Affiftants,  Treafurer, 
•and  Secretary,  which  fhall  be  done  by  the  freemen,  at  the 
yearly  court  of  election,  uniefs  there  be  any  vacancy,  by 
reafon  of  death  or  otherwife,  after  the  election,  which  may 
be  filled  up  by  the  General  Court.  This  court  has  power  alfo, 
for  reafons  fatisfadory  to  them,  to  grant  fufpenfion,  releafe, 
and  jail  delivery  upon  reprieve,  in  capital  and  criminal  cafes. 
The  General  Court  has  two  ftated  feffions  annually,  on  the 
ficcond  Thurfday  of  May  and  Odoher, 


CONNECTICUT. 


Si 


The  Governor,  or  in  his  abfence  the  Deputy-Governor, 
may  call  the  AiTembly,  on  fpecial  emergencies,  to  meet  at 
any  other  time.  The  Governor,  Deputy-Governor,  Affiftanis, 
and  Secretary,  are  annually  elected,  on  the  fecond  1  hurulay 
in  May.  The  Pveprefentatives  are  newly  chofen  for  each 
dated  feffion.  The  Judges  and  Judices  are  annually  appointed 
by  the  General  Court ;  the  fame  perfons  are  commonly  re- 
appointed,  from  time  to  time,  during  their  capacity  toferve, 
unlefs  guilty  of  mifbehaviour.  The  Sheriffs  are  appointed 
by  the  Governor  and  Council,  without  limitation  of  time  ; 
but  may  be  fuperfeded  by  the  authority  that  appoints  them. 
The  Governor,  for  the  time  being,  is  Captain-General  of  the 
militia  ;  the  Deputy-Governor,  Lieutenant-General ;  the 
other  general  officers,  and  the  held  officers,  are  appointed  by 
the  General  Court,  and  commiffioned  by  the  Governor. 
The  captains  and  fubalterns  are  chofen  by  the  vote  of  the 
company  and  houfholders  living  within  the  limits  of  the 
company  ;  the  perfons,  fo  chofen,  mud  be  approved  by  the 
General  Court,  and  commiffioned  by  the  Governor,  before 
they  have  power  to  execute  their  offices.  All  the  military  of¬ 
ficers  hold  their  offices  during  the  pleafure  of  the  Afiem- 
bly  ;  nor  can  they  refign  their  commiffions,  without  leave  of 
the  Captain-General,  under  penalty  of  doing  duty  in  the 
ranks,  as  private  foldiers.  The  mode  of  eleding  the  Go¬ 
vernor,  Deputy-Governor,  Affidants,  Treafurer,  and  Secre¬ 
tary,  is,  that  the  freemen,  in  the  feveral  towns,  meet  on  the 
Monday  next  after  the  fird  Tuefday  in  April,  annually  (be¬ 
ing  the  day  appointed  by  law  for  that  purpofe,  and  chooling 
Reprefentatives)  and  give  in  their  votes  for  the  perfons  they 
choofe  for  faid  offices  refpedively,  with  their  names  written 
on  a  piece  of  paper,  which  votes  are  received  and  fealed  up 
by  a  condable,  in  the  freemen’s  meeting — the  votes  for  each 
of  faid  offices,  in  a  different  paper — writing  on  the  oullide 
the  name  of  the  town,  and  the  office,  for  which  the  votes 
are  given  in  ;  which  arc  fent  by  the  Reprefentatives,  to  the 
General  Court,  to  be  held  on  the  fecond  Thurfday  of  May 
next  enfuing,  at  which  time,  after  the  Houfe  of  Reprefent¬ 
atives  have  chofen  a  Speaker  and  Clerk,  a  committee  io  chofen 
of  members  of  both  Houfes,  to  fort  and  count  the  votes, 
and  declare  the  names  of  the  perfons  chofen  to  faid  offices. 
Any  freeman,  qualified  to  vote  for  Reprefentativesj  &c.  may 

H  2 


82 


CONSTITUTION  OF 


be  defied  to  any  office  in  the  government.  In  choofing  af- 
Mams,  twenty  perfons  are  nominated  by  the  votes  of  the 
freemen,  given  in  at  their  meeting  for  choofing  Reprefenra- 
tives  in  September  annually,  and  fealed  up  and  fent  to  the 
General  Court,  in  October  then  next  :  which  are  counted  by 
a.  committee  of  both  Houfes,  and  the  twenty  perfons,  who 
have  the  greateft  number  of  votes,  fcand  in  nomination,  out 
of  which  number,  twelve  are  to  be  chofen  affiftants,  by  the 
freemen,  the  next  April,  in  manner  afore  deferibed. 

The  qualifications,  requifite  to  entitle  a  perfori  to  vote  in 
eleftions  of  the  officers  of  government,  are,  maturity  in 
years,  quiet  and  peaceable  behaviour,  a  civil  converfation, 
and  forty  {hillings  freehold,  or  forty  pounds  perfonal  eftate  ; 
if  the  Se  left  men  of  the  town  certify  a  perfon  qualified  in  thofe 
refpects,  he  is  admitted  a  freeman,  on  his  taking  an  oath  of 
fidelity  to  the  date. 

'Fhe  names  of  all,  that  are  thus  admitted,  are  enrolled  in 
the  town  clerk’s  office,  and  continue  freemen  during  life,  un- 
3efs  disfranchifed  by  a  fentence  of  the  Superior  Court,  on 
eonviftion  of  a  mifdemeanor. 

The  Governor,  or,  in  his  abfence,  the  Deputy-Governor, 
in  the  Upper  Houfe — and  the  Speaker,  in  the  Lower  Floufe 
of  Affiembiy — have  a  calling  voice,  when  the.  members  of  the 
refpeflive  Houfes,  including  the  Governor  and  Speaker,  are 
equally  divided  in  opinion  on  any  queftion. 

'There  is,  in  this  (late,  a  Superior  Court,  confiding  of  one 
Chief  Judge  and  four  other  Judges,  who  have  authority  in  ail 
criminal  cafes,  extending  to  life,  limb,  and  banidlment,  and 
to  hear  and  determine  ail  civil  aflions,  brought  by  appeal 
from  the  county  cows*,  or  on  writs  of  error.  This  court 
alfo  hath  authority  in  all  matters  of  divorce.  There  are  two 
dated  feffions  of  the  Superior  Court,  in  each  county  annually. 

There  are  alfo  county  courts  held  in  the  feveral  counties, 
confiding  of  one  Judge  and  four  Judicesof  the  quorum,  who 
have  jurifdielion  in  all  criminal  cafes,  arifmg  within  their 
refpeflive  counties,  where  the punifliment  does  not  extend  to 
life,  limb,  or  banifhment.  The  county  courts  alfo,  have  ori¬ 
ginal  jurifdiflion,  in  all  civil  actions,  wherein  the  demand 
exceeds  forty  (hillings. 

The  Superior  and  County  Courts  try  matters  of  fadl,  by 
a  jury,  according  to  the  couric  of  the  common  law. 


NEW- YORK. 


Juftices  of  the  Peace  have  authority  to  hear  and  determine 
&  civil  actions,  where  the  demand  does  not  exceed  forty  (hil¬ 
lings.  They  alfo  have  authority,  in  fome  cafes  of  a  crimi- 
5  nal  nature,  punifhable  by  fine  not  exceeding  forty  (hidings, 

/  or  whipping  not  exceeding  ten  (tripes,  or  fitting  in  the  (locks. 

Tins  ftate  is  aifo  divided  into  a  number  of  probate  dif- 
t  tridls,  lefs  than  counties  ;  in  each  of  which  is  appointed  a 
judge,  fur  the  probate  of  wills,  granting  administration  on 
inteftute  eftates,  appointing  guardians  for  minors,  ordering 
'  diltribution  of  inteftate  eftates,  Sc c.  An  appeal  lies,  from 
i  any  decree  of  this  court,  to  the  Superior  Court. 

The  Superior,  County,  and  Probate  Courts  appoint  their 
refpedtive  clerks. 

The  General  Court  has,  till  very  lately,  been  the  only 
Court  of  Chancery  in  this  ftate.  But  by  a  late  law,  the 
county  courts  determine  matters  of  equity,  from  five  pounds, 
to  two  hundred  pounds  value  ;  the  Superior  Court  from  two 
hundred  to  eight  hundred  pounds  value  ;  and  the  General  Af- 
fembfy,  aU  cafes  exceeding  the  la  ft  mentioned  fum. 

All  attornies  at  law  are  admitted  and  fworn  by  the  County 
Courts  :  there  is  no  attorney  general,  but  there  ufed  to  be 
L  one  king’s  attorney  in  each  county  ;  but  fince  the  king  has 
abdicated  the  government,  they  are  now  attornies  to  the 
Governor  and  Company. 

— — 

NEW- YORK. 

Cohftitution  of  the  State  of  NewYork,  eftablijhed  by  the  @on- 
* vention ,  authorifed  and  empowered  for  that  purpofe ,  April 
20,  I777. 

r1pHIS  Convention,  in  the  name  and  by  the  authority  of 
JL  the  good  people  of  this  ftate,  doth  ordain,  determine, 
and  declare,  that  no  authority  (hall,  on  any  pretence  what¬ 
ever,  be  cxercifed  over  the  people  or  members  of  this  ftate, 
but  fuch  as  (hall  be  derived  from  and  granted  by  them. 

II.  This  Convention  doth  further,  in  the  name  and  by 
the  authority  of  the  good  people  of  this  ftate,  ordain,  deter¬ 
mine  and  declare,  that  the  Supreme  Legiftative  power,  within 


CONSTITUTION  OF 


n 

this  ftate,  fhall  be  veiled  in  two  feparate  and  diftinCt  bodies  of 
men — the  one  to  be  called,  the  Alterably  of  the  State  of  New-; 
York — the  other  to  be  called,  the  Senate  of  the  State  of  New. 
York — who  together  fhall  form  the  Legiflature,  and  meet 
once  at  lead  in  every  year*  for  the  difpatch  of  bufinefs. 

III.  And  whereas,  laws,  incontinent  with  the  fpirit  of 
this  conftitution,  or  with  the  public  good,  may  be  haftily 
and  unadvifedly  palled  :  be  it  ordained,  that  the  Governor, 
for  the  time  being,  the  Chancellor,  and  the  Judges  of  the 
Supreme  Court — or  any  two  of  them,  together  with  the  Go¬ 
vernor — fhall  be,  and  hereby  are,  conftiluted  a  Council,  to 
revife  all  bills  about  to  be  palled  into  laws  by  the  Legilla- 
ture  ;  and  for  that  purpofe  fhall  a  {Tenable  themfelves  from 
time  to  time,  when  the  Legiflature  fhall  be  convened  :  for 
which,  neverthelefs,  they  fhall  not  receive  any  falary  or 
confideration,  under  any  pretence  whatever.  And  that  all 
bills,  which  have  palled  the  Senate  and  AfTerably,  fhall,  be¬ 
fore  they  become  laws,  be  prefented  to  the  faid  Council,  for 
their  revifal  and  confideration  :  and  if,  upon  fuch  revifion 
and  confideration,  it  fhould  appear  improper  to  the  faid  Coun¬ 
cil,  or  a  majority  of  them,  that  the  faid  bill  fhould  become 
a  law  of  this  date,  that  they  return  the  fame,  together  with 
their  objections  thereto  in  writing,  to  the  Senate  or  Hou'fe 
of  Affembly  (in  whichfoever  the  fame  fhall  have  originated) 
who  fhall  enter  the  objections,  fent  down  by  the  Council,  at 
large  in  their  minutes,  and  proceed  to  reconfider  the  faid 
bill.  But  if,  after  fuch  reconfideration,  two-thirds  of  the 
faid  Senate  or  Houfe  of  AiTembly,  fhall,  notwithflanding  the 
faid  objections,  agree  to  pafs  the  fame,  it  fhall,  together 
with  the  objections,  be  fent  to  the  other  branch  of  the  Le¬ 
gislature,  where  it  fhall  alfo  be  re.confidered,  and  if  ap¬ 
proved  by  two- thirds  of  the  members  prefent,  fhall  be  a  law. 

And  in  order  to  prevent  any  unneceiTary  delays,  be  it  fur¬ 
ther  ordained,  that  if  any  bill  fhall  not  be  returned  by  the 
Council  within  ten  days  after  it  fhall  have  been  prefented,  the 
fame  fhall  be  a  law,  unlefs  the  Legiflature  fhall,  by  their  ad¬ 
journment,  render  a  return  of  the  faid  bill,  within  ten  days, 
impracticable  ;  in  which  cafe,  the  bill  fhall  be  returned  on 
the  firfl  day  of  the  meeting  of  the  Legiflature,  after  the  ex¬ 
piration  of  the  faid  ten  days. 


NEW.  YORK. 


•5 

IV.  That  the  Affembly  (ball  confift  of  at  leaft  feventy 
members,  to  be  annually  chofen  in  the  feveral  counties,  in 

,,  the  proportions  following,  viz. 

For  the  city  and  county  of  New. York,  nine* 

,j-  The  city  and  county  of  Albany,  ten . 

.  The  county  of  Duchefs,  /even. 

The  county  of  Weftchefter,  fix . 

The  county  of  Ulfter,  fix. 

The  county  of  Suffolk,  five. 

,  The  county  of  Queens,  four. 

The  county  of  Orange,  four. 

The  county  of  Kings,  two. 

The  county  of  Richmond,  two. 

The  county  of  Try  on,  fix. 

The  county  of  Charlotte,  four. 

The  county  of  Cumberland,  three. 

The  county  of  Gloucefter,  two. 

V.  That  as  foon,  after  the  expiration  of  feven  years,  (Tub- 
fequent  to  the  termination  of  the  prefent  war)  as  may  be,  a 
cenfus  of  the  eledors  and  inhabitants  in  this  Hate  be  taken, 
under  the  diredion  of  the  Legislature.  And  if,  on  fuch  cen- 

;  fus,  it  (hall  appear,  that  the  number  of  Reprefentatives  in 
Affembly,  from  the  faid  counties,  is  not  juftly  proportioned 
to  the  number  of  eledors,  in  the  faid  counties  refpedively, 
that  the  Legiflature  do  ad  juft  and  apportion  the  fame  by  that 
rule.  And  further,  that  once  in  every  feven  years,  after 
the  taking  of  the  faid  firft  cenfus,  a  juft  account  of  the  elec¬ 
tors,  refident  in  each  county,  fhall  be  taken  ;  and  if  it  (hall 
thereupon  appear,  that  the  number  of  eledors,  in  any  county, 
fhall  have  increafed  or  diminifhed  one  or  more  feventieth 
parts  of  the  whole  number  of  eledors,  which,  on  the  faid 
firft  cenfus,  fhall  be  found  in  this  ftate,  the  number  of  repre¬ 
fentatives  for  fuch  county  fhall  be  increafed  or  diminifhed 
accordingly — that  is  to  fay,  one  Reprefentative  for  every  fe¬ 
ventieth  part  as  aforefaid. 

VI.  And  whereas  an  opinion  hath  long  prevailed  among 
divers  of  the  good  people  of  this  ftate,  that  voting  at  elec¬ 
tions  by  ballot,  would  rend  more  to  preferve  the  liberty  and 
equal  freedom  of  the  people,  than  voting  viva  voce  : — 
To  the  end,  therefore,  that  a  fair  experiment  be  made, 
which  of  thofe  two  methods  of  voting  is  to  be  preferred  : — 


86 


CONSTITUTION  OF 


Be  it  ordained,  that  as  foon  as  may  be  after  the  ternima-l 
tion  of  the  prefent  war,  between  the  United  States  of  Ame-I 
rica  and  Great  Britain,  an  aft  or  afts  be  palled  by  the  Legif-!; 
lature  of  this  Hate,  for  caufing  all  elections  thereafter  to  be 
held  in  this  date,  for  Senators  and  Reprefentatives  in  Ahem-; 
bly,  to  be  by  ballot,  and  directing  the  manner,  in  which  | 
the  fame  fhall  be  ccndufted.  And  whereas  it  is  poiTible,  that 
after  ail  the  care  of  the  Legislature,  in  framing  the  faid  aft 
or  afts,  certain  inconveniencies  and  mifchiefs,  unforefeen  at 
this  day,  nj.ay  be  found  to  attend  the  faid  mode  of  elefting 
by  ballot : 

It  is  further  ordained,  that  if,  after  a  full  and  fair  expe-  ' 
riment  fhall  be  made  of  voting  by  ballot  aforefaid,  the  fame 
fhall  be  found  lefs  conducive  to  the  fafety  or  intereft  of  the  ; 
date,  than  the  method  of  voting  viva  voce ,  it  (hall  be  law-  * 
ful  and  conditutional  for  the  Legidature  to  aboliih  the  fame  ; 
provided,  two-thirds  of  the  members,  prefent  in  each  Houfe 
refpeftively,  fnall  concur  therein  :  And  further,  that,  during 
the  continuance  of  the  prefent  war,  and  until  the  Legida¬ 
ture  of  this  date  fhall  provide  for  the  eleftion  of  Senators  and 
Reprefentatives  in  Adembly,  by  ballot,  the  faid  elections  dial! 
be  made  viva  voce. 

VII.  That  every  male  inhabitant,  of  full  age,  who  fhall 
have  perfonally  redded  within  one  of  the  counties  of  this 
date  for  dx  months  immediately  preceding  the  day  of  eleftion, 
fhall  atfuch  eleftion,  be  entitled  to  vote  for  Reprefentatives 
of  the  faid  county  in  Adembly  ;  if,  during  the  time  afore¬ 
faid,  he  fhall  have  been  a  freeholder,  poffeding  a  freehold  of 
the  value  of  twenty  pounds,  within  the  faid  county,  or  have 
rented  a  tenement  therein,  of  the  yearly  value  of  forty  fhil- 
lings,  and  been  rated  and  aftually  paid  taxes  to  this  date  : — - 
provided,  always,  that  every  perfon,  who  now  is  a  freeman 
of  the  city  of  Albany,  or  who  was  made  a  freeman  of  the  city 
of  New-York,  on  or  before  the  fourteenth  day  of  Qftober, 
in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  fe- 
venty-dve,  and  fhall  be’ aftually  and  ufually  refident  in  the 
faid  cities  refpeftively,  fhall  be  entitled  to  vote  for  Repre¬ 
fentatives  in  Adembly,  within  his  faid  place  of  residence. 

VIII.  That  every  eleftor,  before  he  is  admitted  to  vote, 
&all,  if  required  by  the  returning  officer,  or  either  of  the  in- 


NEW.  YORK. 


$7 

,  fpedors,  take  an  oath,  or,  if  of  the  people  called  Quakers^, 
,*  an  affirmation,  of  allegiance  to  the  ftate. 

IX.  That  the  Affembly,  thus  conftituted,  fhall  choofe  their 
own  Speaker,  be  judges  of  their  own  members,  and  enjoy  the 
fame  privileges,  and  proceed  in  doing  bufinefs,  in  like  manner, 
as  the  affemblies  of  the  colony  of  New- York  of  right  for. 
merly  did  ;  and  that  a  majority  of  the  faid  members  fhall, 
;  from  time  to  time,  conftitute  a  Houfe,  to  proceed  upon  bufi- 
t  nefs. 

>  X.  And  this  Convention  doth  further,  in  the  name  and  by 
1  the  authority  of  the  good  people  of  this  ftate,  ordain,  deter¬ 
mine,  and  declare,  that  the  Senate  of  the  ftate  of  New-York 
fhall  confift  of  twenty-four  freeholders  ;  to  be  chofen  out 
|  of  the  body  of  the  freeholders  ;  and  that  they  be  chcfen  by 
the  freeholders,  of  this  date,  poffefTed  of  freeholds,  of  the 
value  of  one  hundred  pounds,  over  and  above  all  debts 
charged  thereon. 

XI.  That  the  members  of  the  Senate  be  eleded  for  four 
years  ;  and,  immediately  after  the  firft  election,  they  be  di¬ 
vided  by  lot  into  four  daffies,  lix  in  each  clafs,  and  numbered 
one,  two,  three,  and  four  ;  that  the  feats  of  the  members  of 
the  firft  clafs  fhall  be  vacated  at  the  expiration  of  the  firft  year, 
the  fecond  clafs  the  fecond  year,  and  fo  on  continually  ;  to 
the  end,  that  the*  fourth  part  of  the  Senate  as  nearly  as  pof- 
fible,  may  be  annually  chofen. 

XII.  That  the  eledion  of  Senators  fhall  be  after  this  man. 
ner  ;  that  fo  much  of  this  flate,  as  is  now  parcelled  into  coun¬ 
ties,  be  divided  into  four  great  diftrids  ;  the  fouthern  diftrid 
to  comprehend  the  city  and  county  of  New-York,  Suffolk, 

I  Weft  Cheiler,  Kings,  Queens,  and  Richmond  counties  ;  the 
middle  diftrid  to  comprehend  the  counties  of  Duchefs,  Ulfter, 
and  Orange  ;  the  weftern  diftrid,  the  city  and  county  of 
|  Albany,  and  Tryon  county  ;  and  the  eallern  diftrid,  the 
counties  of  Charlotte,  Cumberland,  and  Gloucefter.  That 
i  the  Senators  fhall  be  eleded  by  the  freeholders  of  the  faid 
dirtrids,  qualified  as  aforefaid,  in  the  proportions  following, 

1  to  wit,  in  the  fouthern  diftrid,  nine  ;  in  the  middle  diftrid, 
fix  ;  in  the  weftern  diftrid,  fix  ;  and  in  the  pattern  diftrid, 
three.  And  be  it  ordained,  that  a  cenfus  fhall  be  taken,  as 
foon  as  may  be,  after  the  expiration  of  feven  years  from  the 
termination  of  the  prefect  war,  under  the  diredion  of  the  Le- 


£8 


CONSTITUTION  OF 


giflature :  and  if,  on  fucli  ccnfus,  it  (hall  appear,  that  tU 
number  of  Senators  is  not  i u ft ly  proportioned  to  the  fevera| 
diftri&s,  that  the  Legiflature  adjult  the  proportion,  as  near  a 
may  be,  to  the  number  of  freeholders,  qualified  as  aforefaid. 
in  each  diftrift.  That  when  the  number  of  electors,  withir 
any  of  the  faid  diftrids,  fhail  have  increased  one  twenty-1 
fourth  part  of  the  whole  number  of  electors,  which,  by  the 
faid  cenfus,  {hall  be  found  to  be  in  this  (late,  an  additional 
Senator  mail  be  chofen  by  the  electors  of  fuch  diftrid.  That 
a  majority  of  the  number  of  Senators,  to  be  chofen  as  afore¬ 
faid,  fhail  be  nec diary  to  conftitute  a  Senate,  fufficient  to  pro¬ 
ceed  upon  bufinefs  ;  and  that  the  Senate  fhail,  in  like  man¬ 
ner  with  the  Aflembly,  he  the  judges  of  its  own  members.  : 
And  be  it  ordained,  that  it  fhail  be  in  the  power  of  the  future 
Legifiatures  of  this  fiate,  for  the  convenience  and  advantage  ; 
of  the  good  people  thereof,  to  divide  the  fame  into  fuch  fur¬ 
ther  and  other  counties  and  diftrids,  as  fhail  to  them  appear  ! 
necefiary. 

XIII.  A.nd  this  Convention  doth  further,  in  the  name  and 
by  the  authority  of  the  good  people  of  this  fiate,  ordain,  de¬ 
termine,  and  declare,  that  no  member  of  this  fiate  fhail  be 
disfranchifed,  or  deprived  of  any  the  rights  or  privileges 
fecured  to  the  fubjeds  of  this  fiate  by  this  confiitution,  un- 
lefs  by  the  law  of  the  land,  or  the  judgment  of  his  peers. 

XIV.  That  neither  the  Aflembly  nor  the  Senate  fhail  have 
the  power  to  adjourn  themfelves,  for  any  longer  time  than 
two  days,  without  the  mutual  confent  of  both. 

XV.  That  whenever  the  Aflembly  and  Senate  difagrce,  a 
conference  fhail  be  held,  in  the  prefence  of  both,  and  be  ma¬ 
naged  by  committees,  to  be  by  them  refpedively  chofen  by 
ballot.  That  the  doors,  both  of  the  Senate  and  Aflembly,  fliali 
at  all  times  be  kept  open  to  all  perfons,  except  when  the  wel¬ 
fare  of  the  fiate  fhail  require  their  debates  to  be  kept  fecret. 
And  the  journals  of  ail  their  proceedings  fhail  be  kept,  in  the 
manner  heretofore  accufiomed  by  the  General  Aflembly  of  the 
colony  or  New-York  ;  and  (except  fuch  parts,  as  they  fliall, 
as  aforefaid,  refpedively  determine  not  to  make  public)  be 
from  day  to  day  (if  the  bufinefs  of  the  Legiflature  will  permit ) 
pub  !i  fhed. 

XVI.  It  is  neverthelefs  provided,  that  the  number  of  Se¬ 
nators  fhail  never  exceed  one  hundred,  nor  the  number  of 


NEW- YORK. 


89 


Affembly,  three  hundred  ;  but  that  whenever  the  number  of 
Senators  (hall  amount  to  one  hundred,  or  of  the  Affembly  to 
three  hundred,  then  and  in  fuch  cafe,  the  Legiflature  (hall, 
from  time  to  time  thereafter,  by  laws  for  that  purpofe,  appor¬ 
tion  and  didribute  the  faid  one  hundred  Senators,  and  three 
hundred  Reprefentatives,  among  the  great  didricts  and  coun¬ 
ties  of  this  date,  in  proportion  to  the  number  of  their  refpec- 
tive  electors  ;  fo  that  the  reprefentation  of  the  good  people  of 
this  date,  both  in  the  Senate  and  Affembly,  (ball  forever  re¬ 
main  proportionate  and  adequate. 

XVII.  And  this  Convention  doth  further,  in  the  name 
and  by  the  authority  of  the  good  people  of  this  date,  ordain, 
determine,  and  declare,  that  the  Supreme  Executive  Power 
and  authority  of  this  date,  fnall  be  veded  in  a  Governor  ;  and 
that  datedly,  once  in  every  three  years,  and  as  often  as  the 
feat  of  government  (hall  become  vacant,  a  wife  and  difereet 
freeholder  of  this  date  (hall  be,  by  ballot,  elected  Governor, 
by  the  freeholders  of  this  date,  qualified,  as  before  deferibed, 
to  elefl  Senators  ;  which  elections  fnall  be  always  held  at  the 
times  and  places  of  choofing  Pveprefentatives  in  Affembly  for 
each  refpeftive  county  ;  and  that  the  perfon,  who  hath  the 
greated  number  of  votes  within  the  faid  date,  fhall  be  Go¬ 
vernor  thereof. 

XVIII.  That  the  Governor  fhall  continue  in  office  three 
years,  and  fhall,  by  virtue  of  his  office,  be  General  and  Com¬ 
mander  in  Chief  of  all  the  militia,  and  Admiral  of  the  navy 
of  this  date  ;  that  he  fhall  have  power  to  convene  the  Aflem- 
biy  and  Senate  on  extraordinary  occafions  ;  to  prorogue  them 
from  time  to  time,  provided  fuch  prorogations  final  1  not  ex¬ 
ceed  fixty  days  in  the  fpace  of  any  one  year  ;  and,  at  his  dif- 
cretion,  to  grant  reprieves  and  pardons  to  perfons  convicted 
of  crimes,  other  than  treafon  or  murder,  in  which  he  may 
ifufpend  the  execution  of  the  fentence,  until  it  fhall  be  report¬ 
ed  to  the  Legiflature  at  their  fubfequent  meeting  ;  and  they 
jhall  either  pardon,  or  diredt  the  execution  of  the  criminal,  or 
jrant  a  further  reprieve. 

XIX.  That  it  fhall  be  the  duty  of  the  Governor,  to  inform 
i  he  Legiflature,  at  every  feffion,  of  the  condition  of  the  date, 
o  far  as  may  refpeft  his  department;  to  recommend  fuch 
natters  to  their  confideration,  as  fhal i  appear  to  him  to  con- 
|:ern  its  good  government,  welfare  and  profperity  ;  to  corref- 

I 


90 


CONSTITUTION  OF 


pond  with  the  Continental  Congrefs,  and  other  hates  ;  t< 
tranfadl  all  neceffary  bufinefs  with  the  officers  of  government .  ' 
civil  and  military  ;  to  take  care  that  the  laws  are  faithfully  ex  ‘ 
ecuted,  to  the  beft  of  his  ability  ;  and  to  expedite  all  fuel 
meafures  as  may  be  refolved  upon  by  the  Legihature. 

XX.  That  a  Lieutenant  Governor  fhall,  at  every  eledlior  1 
of  a  Governor,  (and  as  often  as  the  Lieutenant  Governor  , 
fhall  die,  refign,  or  be  removed  from  office),  be  eledled  in 
the  fame  manner  with  the  Governor,  to  continue  in  office 
until  the  next  election  of  a  Governor  ;  and  fuch  Lieutenant! 
Governor  fhall,  by  virtue  of  his  office,  be  Prefident  of  the; 
Senate,  and,  upon  an  equal  divilion,  have  a  calling  voice  in 
their  decifions,  but  not  vote  on  any  other  occafion. 

And  in  cafe  of  the  impeachment  of  the  Governor,  or  hi: 
removal  from  office,  death,  refignation,  or  abfence  from  the  ! 
flate,  the  Lieutenant  Governor  (hall  exercife  all  the  power 
and  authority  appertaining  to  the  office  of  Governor,  until 
another  be  chofen,  or  the  Governor,  abfent  or  impeached, 
fnall  return  or  be  acquitted.  Provided,  that  where  the  Go¬ 
vernor  lhail,  with  the  confent  of  the  Legillature,  be  out  of 
the  flate,  in  time  of  war,  at  the  head  of  a  military  force  there¬ 
of,  he  (hall  hill  continue  ia  his  command  of  all  the  military 
force  of  the  hate  both  by  fea  and  land. 

XXI.  That  whenever  the  government  lhail  be  adminiher- 
ed  by  the  Lieutenant  Governor,  or  he  fhall  be  unable  to  at¬ 
tend  as  Prefident  of  the  Senate,  the  Senators  fhall  have  pow¬ 
er  to  eleft  one  of  their  own  members  to  the  office  of  Prefident 
of  the  Senate,  which  he  lhail  exercife  pro  hac  f vice .  And  if, 
during  fuch  vacancy  of  the  office  of  Governor,  the  Lieute¬ 
nant  Governor  fhall  be  impeached,  difplaced,  refign,  die, 
or  be  abfent  from  the  hate,  the  Prefident  of  the  Senate  fhall, 
in  like  manner  as  the  Lieutenant  Governor,  adminiher  the 
government,  until  others  lhail  be  elefted  by  the  fuffirage  ol 
the  people,  at  the  fucceeding  election. 

XXII.  And  this  Convention  doth  further,  in  the  name 
and  by  the  authority  of  the  good  people  of  this  hate,  ordain, 
determine,  and  declare,  that  the  Treafurer  of  this  hate  fhall 
be  appointed  by  a <51  of  the  Legillature,  to  originate  with  the 
Affembly  :  provided  that  he  (hall  not  be  elefted  out  of  either 
branch  of  the  Legihature. 

XXIII.  That  all  officers,  other  than  thofe,  who,  by  this 


NEW-YGRK. 


V 

if  €onftitution,  are  directed  to  be  otherwife  appointed,  {hall  be 
appointed  in  the  manner  following  ;  to  wit,  The  Affembly 
fhall,  once  in  every  year,  openly  nominate  and  appoint  one 
of  the  Senators  from  each  great  diftridl,  which  Senators  fhali 
)n  form  a  Council,  for  the  appointment  of  the  faid  officers,  of 
3r  which  the  Governor  for  the  time  being,  or  the  Lieutenant 
n  Governor,  or  the  Prefident  of  the  Senate,  (when  they  fhall 
>c  refpedlively  adminifter  the  government)  fhall  be  Pefident, 

)t  and  have  a  calling  voice,  but  no  other  vote  ;  and  with  the  ad- 
e  vice  and  confent  of  the  faid  Council,  fhall  appoint  all  the 
n  faid  officers ;  and  that  a  majority  of  the  faid  Council  be  a  quo¬ 
rum.  And  further,  the  faid  Senators  (hall  not  be  eligible  to 
.  the  faid  Council,  for  two  years  fucceffively.  t 

XXIV.  That  all  military  officers  be  appointed  during  plea- 
fure  ;  that  all  eommiffioned  officers,  civil  and  military,  be 
commiffioned  by  the  Governor;  and  that  the  Chancellor, 
the  Judges  of  the  Supreme  Court,  and  firft  Judge  of  the  Coun¬ 
ty  Court  in  every  county,  hold  their  offices  during  good  be¬ 
haviour,  or  until  they  fhall  have  refpedlively  attained  the 
age  of  fixty  years. 

XXV.  That  the  Chancellor,  and  Judges  of  the  Supreme 
Court,  fhall  not,  at  the  fame  time,  hold  any  other  office,  ex¬ 
cepting  that  of  Delegate  to  the  General  Congrefs,  upon  fpeci- 
al  occafions  ;  and  that  the  firft  Judges  of  the  County  Courts, 
in  the  feveral  counties,  fnall  not,  at  the  fame  time,  hold  any 
other  office,  excepting  that  of  Senator,  or  Delegate  to  the 
General  Congrefs.  But  if  the  Chancellor,  or  either  of  the 
faid  Judges,  be  defied  or  appointed  to  any  other  office,  ex¬ 
cepting  as  is  before  excepted,  it  fhall  be  at  his  option  in 
which  to  ferve. 

XXVI.  That  Sheriffs  and  Coroners  be  annually  appointed  ; 
and  that  no  perfon  fhall  be  capable  of  holding  either  of  the 
faid  offices,  more  than  four  years  fucceffively  ;  nor  the  She¬ 
riff  of  holding  any  other  office  at  the  fame  time. 

XXVII.  And  be  it  further  ordained,  that  the  Regifler, 
and  Clerks  in  Chancery,  be  appointed  by  the  Chancellor  ; 
the  Clerks  of  the  Supreme  Court,  by  the  fudges  of  the  faid 
court  ;  the  Clerk  of  the  Court  of  Probate,  by  the  Judge 
of  the  faid  Court  :  and  the  Remitter  and  Marfhal  of  the  Court 
of  Admiralty,  by  the  Judge  of  the  Admiralty.  The  faid 
Marfhal,  Rcgifters,  and  Clerks,  to  continue  in  office  during 


02 


CONSTITUTION  OF 


the  pleafure  of  thofe,  by  whom  they  are  to  be  appointed, 

;;s  aforefaid. 

And  that  all  attornies,  folicitors,  and  counfeilors  at  law, 
hereafter  to  be  appointed,  be  appointed  by  the  court,  and 
lice.nfed  by  the  firft  Judge  of  the  court,  in  which  they  (hall 
respectively  plead  or  pradife  ;  and  be  regulated  by  the  rules 


fc 

ft 

B 

l 

I 

r 

i 


and  orders  of  the  faid  courts.  v 

XXVIII.  And  be  it  further  ordained,  that  where,  by  tit  is 
Convention,  the  duration  of  any  office  fhall  not  be  afeer- 
tained,  fuch  office  fhall  be  conftrued  to  be  held  during  the 
pleafure  of  the  Council  of  Appointment  :  Provided  that  new 
com  millions  fhall  be  iffued  to  Judges  of  the  County  Courts 
(other  than  to  the  firit  judge)  and  to  Juftices  of  the  Peace, 
once  at  the  leaft  in  every  three  years. 

XXIX.  That  Town-Clerks,  Supervifors,  Affeffors,  Con- 
ftables,  Colledors,  and  all  other  officers,  heretofore  eligible 
by  the  people,  {hall  always  continue  to  be  fo  eligible,  in 
the  manner  direded  by  the  prefent  or  future  ads  of  the  Le- 
giflature. 

That  Loan-Officers,  County  Treafurers,  and  Clerks  of  the 
Supervifors,  continue  to  be  appointed  in  the  manner  direded 
by  the  prefent  or  future  ads  of  the  Legiflature. 

XXX.  That  Delegates  to  reprefent  this  ftate  in  the  Ge¬ 
neral  Congrefs  of  the  United  States  of  America,  be  annually 
appointed  as  follows,  to  wit.  The  Senate  and  Affembly  ihall 
each  openly  nominate  as  many  perfons,  as  fhall  be  equal  to 
the  whole  number  of  Delegates  to  be  appointed  ;  after  which 
nomination,  they  fhall  meet  together,  and  thofe  perfons, 
named  in  both  lids,  fhall  be  Delegates  ;  and  out  of  thofe 
perfons,  whofe  names  are  not  in  both  lifts,  one  half  {hall 
be  chofen  by  the  joint  ballot  of  the  Senators  and  Members 
of  Affembly,  fo  met  together  as  aforefaid. 

XXXI.  That  the  ftyle  of  all  laws  fhall  be  as  follows,  to 
wit,  “  Be  it  enaded  by  the  People  of  the  State  of  New* 
York  reprefented  in  Senate  and  Affembly  And  that  all 
writs  and  other  proceedings  fhall  run  in  the  name  of  The  Peo¬ 
ple  of  the  State  of  Nenv- York)  and  be  tefted  in  the  name  of 
the  Chancellor,  or  Chief  Judge  of  the  Court,  from  whence 
they  fhall  iffue. 


XXXII.  And  this  Convention  doth  further,  in  the  name 
and  by  the  authority  of  the  good  people  of  this  ftate,  or- 


NEW.  YORK. 


93 


'>  *3ain,  determine  and  declare,  that  a  court  fhall  be  inflituted, 
for  the  trial  of  impeachments,  and  the  corredion  of  errors, 

’  under  the  regulations  which  fhall  be  eftablifhed  by  the  Le- 
i  giflature  ;  and  to  confifl  of  the  President  of  the  Senate,  for 
the  time  being,  and  the  Senators,  Chancellor,  and  judges  of 
5  the  Supreme  Court,  or  the  major  part  of  them  :  except  that 
when  an  impeachment,  fhall  be  profecuted  againft  the  Chan- 
1  cellor,  or  either  of  the  Judges  of  the  Supreme  Court,  the  perfon, 

'  fo  impeached, '(hall  be  fufpended  from  exercifing  his  office, 
until  his  acquittal  :  and,  in  like  manner,  when  an  appeal, 
from  a  decree  in  equity,  (hall  be  heard,  the  Chancellor  fhall 
inform  the  Court,  of  the  reafons  of  his  decree,  but  fhall  not 
have  a  voice  in  the  final  fentence.  And  if  the  caufe  to  be 
determined,  fhall  be  brought  up  by  writ  of  error,  on  a  ques¬ 
tion  of  law,  or.  a  judgment  in  the  Supreme  Court,  the  Judges 
of  that  Court  fhall  affign  the  reafons  of  fuch  their  judgment, 
but  fhall  not  have  a  voice  for  its  affirmance  or  reverfal. 

XXXIII.  That  the  power  of  impeaching  all  officers  of 
the  date,  for  mal  and  corrupt  condud  in  their  refpedive  of- 
!  fees,  be  vefled  in  the  reprefentatives  of  the  people  in  Af- 
fembly  ;  but  that  it  fhall  always  be  neceffary,  that  two-third, 
j  parts  of  the  members  prefent  fhall  confent  to  and  agree  in 
fuch  impeachment.  That  previous  to  the  trial  of  every  im- 
I  peachment,  the  members  of  the  faid  Court  final  1  refpedively 
:  be  fworn,  truly  and  impartially  to  try  and  determine  the 
*  charge  in  queilion,  according  to  evidence  ;  and  that  no  judg¬ 
ment  of  the  faid  Court  fhall  be  valid,  unlefs  it  be  aflented  to, 
v  by  two-third  parts  of  the  members  then  prefent  ;  nor  fhall 
it  extend  farther,  than  to  removal  from  office,  and  difqualifi- 
|  cation  to  hold  and  enjoy  any  place  of  honour,  truft,  or  pro- 
1  ft,  under  this  flate.  But  the  party  fo  convided,  fhall  be,  . 
neverthelefs,  liable  and  fubjed  to  indidment,  trial,  judg¬ 
ment  and  punifhment,  according  to  the  laws  of  the  land. 

XXXIV.  And  it  is  further  ordained,  that  in  every  trial 
on  impeachment,  or  indidment  for  crimes  or  mifdemeanors, 
the  party  impeached,  or  indided,  fhall  be  allowed  counfel, 
as  in  civil  adions. 

XXXV.  And  this  Convention  doth  further,  in  the  name 
and  by  the  authority  of  the  good  people  of  this  flate,  or¬ 
dain,  determine  and  declare,  that  fuch  parts  of  the  common 
law  of  England,  and  of  the  ftatute  law  of  England  and 

I  2 


94 


CONSTITUTION  OF 


Great- Britain,  and  of  the  ads  of  the  Legiflature  of  the  co-  c 
lony  of  New- York,  as  together  did  form  the  law  of  the 
laid  colony  on  the  19th  day  of  April,  in  the  year  of  our 
Lord  one  thoufand  leven  hundred  and  Seventy-five,  (hall  be 
and  continue  the  law  of  this  Hate,  fubjed  to  fuch  alterations 
and  provifions,  as  the  Legislature  of  this  (late  final!,  from 
time  to  time,  make  concerning  the  fame.  That  fuch  of  the 
fa  id  ads,  as  are  temporary,  lhail  expire  at  the  times  limited 
for  their  duration  refpedively.  That  all  fuch  parts  of  the  faid 
common  law,  and  all  fuch  of  the  faid  llatutes,  and  ads  afore  - 
faid,  or  parts  thereof,  as  may  be  conftrued  to  cftabiifh  or 
maintain  any  particular  denomination  of  Chriftians  or 
their  minifters,  or  concern  the  allegiance  heretofore  yielded 
to,  and  the  Supremacy,  Sovereignty,  government  or  preroga¬ 
tives,  claimed  or  exercifed  by  the  king  of  Great-Britain'and 
his  predeceffors,  over  the  colony  of  New-York,  and  its  inha¬ 
bitants,  or  are  repugnant  to  this  conffitution — be,  and  they 
hereby  are,  abrogated  and  rejeded.  And  this  Convention 
doth  further  ordain,  that  the  refolves  or  resolutions  of  the 
Congrefies  of  the  colony  of  New-York,  and  of  the  Con¬ 
vention  of  the  Hate  of  New-York,  now  in  force,  and  not 
repugnant  to  the  government,  efiablifhed  by  this  conftitution, 
fhaii  be  confidered  as  making  part  of  the  laws  of  this  ftate  ; 
fubjed,  neverthelefs,  to  fuch  alterations  and  provisions,  as 
the  Legislature  of  this  State  may,  from  time  to  time,  make 
concerning  the  fame. 

XXXV L  And  be  it  further  ordained,  that  all  grants  of 
lands  within  this  Hate,  made  by  the  kin^  of  Great-Britain, 
or  perfons  ading  under  his  authority,  after  the  fourteenth  day 
cfOdober,  one  thoufand  Seven  hundred  and  Seventy-five,  fhaii 
be  null  and  void  :  but  that  nothing,  in  this  conftitution  con¬ 
tained,  fhaii  be  conftrued  to  afred  any  grants  of  land,  within 
this  Hate,  made  by  the  authority  of  the  faid  king  or  hispre- 
deceffors,  or  to  annul  any  charters  to  bodies  politic,  by  him, 
or  them,  or  any  of  them,  made  prior  to  that  day.  And  that 
none  of  the  faid  charters  (hall  be  adjudged  to  be  void,  by 
reafon  of  any  non-ufer  or  mifufer  of  any  of  their  refpedive 
rights  01  privileges,  between  the  nineteenth  day  of  April, 
in  the  year  of  our  Lord  one  thoufand  Seven  hundred  and  fe¬ 
venty-five,  and  the  publication  of  this  conftitution.  And 
further,  that  all  fuch  of  the  officers,  deferibed  in  the  faid 


NEW.  YORK. 


9f 

charters  refpe&ively,  as,  by  the  terms  of  the  faid  charters, 
were  to  be  appointed  by  the  Governor  of  the  colony  of  New- 
York,  with  or  without  the  advice  and  confent  of  the  Coun¬ 
cil  of  the  faid  king,  in  the  faid  colony,  fhall  henceforth  be 
appointed  by  the  Council,  eftablifhed  by  this  conflitution,  for 
the  appointment  of  officers  in  this  Hate,  until  otherwife  di¬ 
rected  by  the  Legillature. 

XXXVII.  And  whereas  it  is  of  great  importance  to  the 
fafety  of  this  ftate,  that  peace  and  amity  with  the  Indians, 
within  the  fame,  be  at  all  times  fupported  and  maintained; 
— and  whereas  the  frauds,  too  often  prattifed  towards  the 
faid  Indians,  in  contracts  made  for  their  lands,  have,  in  di¬ 
vers  inftances,  been  productive  of  dangerous  difeontents  and 
anitnofities  : — Be  it  ordained,  that  no  purchafes  or  contracts 
for  the  fale  of  lands,  made  fince  the  fourteenth  day  of 
October,  in  the  year  of  our  Lord  one  thoufand  feven 
hundred  and  feventy-five,  or  which  may  hereafter  be  made 
with  or  of  the  faid  Indians,  within  the  limits  of  this  ftate, 
[{hall  be  binding  on  the  faid  Indians,  or  deemed  valid,  unlefs 
made  under  the  authority,  and  with  the  confent  of  the  Le- 
giflature  of  this  ftate. 

XXXVIII.  And  whereas  we  are  required,  by  the  bene¬ 
volent  principles  of  rational  liberty,  not  only  to  expel  civil 
tyranny,  but  aifo  to  guard  a  gain  ft  that  fpiritual  oppreffion 
;and  intolerance,  wherewith  the  bigotry  and  ambition  of 
I  weak  and  wicked  priefts  and  princes  have  fcourged  mankind: 
this  Convention  doth  further,  in  the  name  and  by  the  au¬ 
thority  of  the  good  people  of  this  ftate,  ordain,  determine, 
and  declare,  that  the  free  exercife  and  enjoyment  of  reli¬ 
gious  profeffion  and  worfhip,  without  diferirnination  or  pre¬ 
ference,  {hall  forever  hereafter  be  allowed  ,  within  this  ftate, 
to  all  mankind.  Provided  that  the  liberty  of  confcience, 
hereby  granted,  {hall  not  be  fo  conftrued,  as  to  excufe  afts 
of  licentioufnefs,  or  juftify  practices,  inconfiftent  with  the 
peace  or  fafety  of  this  ftate. 

XXXIX.  Arid  whereas  the  minifters  cf  the  gofpel  are, 
by  their  profeffion,  dedicated  to  the  fervice  of  God  and  the 
[care  of  fouls,  and  ought  not  to  be  diverted  from  the  great  du¬ 
ties  of  their  function  ;  therefore  no  minifter  of  the  gofpel,  or 
brieft  of  any  denomination  whatfoever,  fhall,  at  any  time 
hereafter,  under  any  pretence  or  defeription  whatever,  be 


cjS 


CONSTITUTION  OF 


eligible  to,  or  capable  of  bolding,  any  civil  or  military  o 
flee  or  place,  within  this  ftate. 

XL.  And  whereas  it  is  of  the  utmoft  importance  to  tl 
fafety  of  every  ftate,  that  it  fhould  always  be  in  a  condition 
of  defence  ;  and  it  is  the  duty  of  every  man,  who  enjo) 
the  protection  of  fociety,  to  be  prepared  and  willing  to  de 
fend  it  ;  this  Convention,  therefore,  in  the  name  and  by  th 
authority  of  the  good  people  of  this  ftate,  doth  ordain,  de 
termine  and  declare,  that  the  militia  of  this  ftate,  at  all  time! 
hereafter,  as  well  in  peace  as  in  war,  fhall  be  armed,  an< 
difciplined,  and  in  readinefs  for  fervice.  That  all  fuch  o 
the  inhabitants  of  this  ftate  (being  of  the  people  called  Qua. ; 
kers)  as,  from  fcruples  of  confcience,  may  be  averfe  to  the! 
bearing  of  arms,  be  therefrom  excufed  by  the  Legiftature 
and  do  pay  to  the  ftate,  fuch  fums  of  money,  in  lieu  of  their! 
perfonal  fervice,  as  the  fame  may,  in  the  judgment  of  the] 
Legiftature,  be  worth  :  And  that  a  proper  magazine  of  war-  | 
like  (lores,  proportionate  to  the  number  of  inhabitants,  be,  1 
forever  hereafter,  at  the  expenfe  of  this  ftate,  and  by  aCls 
of  the  Legiftature,  eftabliftied,  maintained,  and  continued, 
in  every  county  in  this  ftate. 

XLI.  And  this  Convention  doth  further  ordain,  deter¬ 
mine  and  declare,  in  the  name  and  by  the  authority  of  the 
good  people  of  this  ftate,  that  trial  by  jury,  in  all  cafes,  in 
which  it  hath  heretofore  been  ufed  in  the  colony  of  New- 
York,  fhall  be  eftablifhed,  and  remain  inviolate  forever. 
And  that  no  aCts  of  attainder  (hall  be  pafted  by  the  Legifta¬ 
ture  of  this  ftate,  for  crimes,  other  than  thofe  committed 
before  the  termination  of  the  prefent  war  ;  and  that  fuch  adls 
fnall  not  work  a  corruption  of  blood.  And  further,  that  the 
Legiftature  of  this  ftate  (hall,  at  no  time  hereafter,  inftitute 
any  new  court  or  courts,  but  fuch  as  (hall  proceed  according 
to  the  courfe  of  the  common  law. 

XLII.  And  this  Convention  doth  further,  in  the  name 
and  by  the  authority  of  the  good  people  of  this  ftate,  ordain, 
determine  and  declare,  that  it  fhall  be  in  the  diferetion  of  the 
Legiftature,  to  naturalize  all  fuch  perfons,  and  in  fuch  man¬ 
ner,  as  they  fhall  think  proper  ;  provided  all  fuch  of  the  per¬ 
fons,  fo  to  be  by  them  naturalized,  as  being  born  in  parts  be¬ 
yond  fea,  and  out  of  the  United  States  of  America,  fhall 
come  to  fettle  in,  and  become  fubjefts  of  this  ftate,  fhall 


NEW-JERSEY. 


97 


(ake  an  oath  of  allegiance  to  this  Hate,  and  abjure  and  re¬ 
nounce  ail  allegiance  and  fubjedlion  to  all  and  every  foreign 
;ing,  prince,  potentate,  and  ftate,  in  all  matters,  ecclefiaftical, 
i is  well  as  civil. 

By  order, 

LEONARD  GANSEVOORT,  Pref.  Pro .  Tern. 

( 

— 5^4*^? — 

d  NEW-JERSEY. 

i 

Constitution  of  New-Jersey. 


THERE  AS  all  the  conftitutional  authority,  ever  pof- 
V  V  feffed  by  the  kings  of  Great-Britain,  over  thefe  co¬ 
pies  or  their  other  dominions,  was,  by  compad,  derived  from 
le  people,  and  held  of  them,  for  the  common  intereft  of  the 
hole  fociety  ; — allegiance  and  protection  are,  in  the  nature 
f  things,  reciprocal  ties,  each  equally  depending  upon  the 
her,  and  liable  to  be  diffolved  by  the  other’s  being  refufed 
withdrawn  : — And  whereas  George  the  Third,  king  of 
reat- Britain,  has  refufed  protection  to  the  good  people  of 
*efe  colonies :  and  by  aflenting  to  fundry  afts  of  the  Britifti 
rliament,  attempted  to  fubjeCt  them  to  the  abfolute  dorm- 
on  of  that  body  ;  and  has  alfo  made  war  upon  them,  in  the 
oil  cruel  and  unnatural  manner,  for  no  other  caufe,  than  a f- 
rting  their  juft  rights; — all  civil  authority  under  him  is 
[ceftarily  at  an  end,  and  a  diilolution  of  government  in  each 
»lony  has  confequently  taken  place. 

And  whereas,  in  the  prefent  deplorable  fituation  of  thefe 
lonies,  expofed  to  the  fury  of  a  cruel  and  relentlefs  enemy, 
me  form  of  government  is  abfolutely  neceftary,  not  only 
r  the  prefervation  of  good  order,  but  alfo  the  more  effeCtu- 
y  to  unite  the  people,  and  enable  them  to  exert  their  whole 
rce  in  their  own  neceftary  defence  ;  and  as  the  honorable 
Je  Continental  Congrefs,  the  Supreme  Council  of  the  Ame- 
:an  colonies,  has  advifed  fuch  of  the  colonies,  as  have  not 
t  gone  into  the  meafure,  to  adopt  for  themfclves  refpeCL 
ely,  fuch  government,  as  fhall  heft  conduce  to  their  own 
ppinefs  and  fafety,  and  the  well-being  of  America  in  ge- 
rah — We,  the  Reprefentatives  of  the  colony  of  New-Jer- 


98 


CONSTITUTION  OF 


fey,  having  been  elected  by  all  the  counties  in  the  free!!  man¬ 
ner,  and  in  Congrefs  alfembled,  have,  after  mature  delibera¬ 
tions,  agreed  upon  a  fet  of  charter-rights  and  the  form  of  a 
conftitution,  in  manner  following,  viz. 

I.  That  the  government  of  this  province  fhall  be  veiled 
in  a  Governor,  LegiHative  Council,  and  General  Alfembly. 

II.  That  the  LegiHative  Council,  and  General  Alfembly, 
fhall  be  chofen,  for  the  frit  time,  on  the  fecond  Tuefday  in 
Augull  next  ;  the  members  whereof  Hiall  be  the  fame  in 
number  and  qualif cations,  as  are  herein  after  mentioned  ; 
and  fhall  be  and  remain  veiled  with  all  the  powers  and  au¬ 
thority  to  be  held  by  any  future  LegiHative  Council  and 
Alfembly  of  this  colony,  until  the  fecond  Tuefday  in  October, 
which  fhall  be  in  the  year  of  our  Lord  one  thoufand  feven 
hundred  and  feventv-feven, 

III.  That  on  the  fecond  Tuefday  in  October  yearly, 
and  every  year  forever  (with  the  privilege  of  adjourning 
from  day  to  day,  as  occafon  may  require)  the  counties  fhall 
feverally  choofe  one  perfon,  to  be  a  member  of  the  Legifla- 
tive  Council  of  this  colony,  who  fhall  be,  and  have  been, 
for  one  whole  j^esr  next  before  the  election,  an  inhabitant 
and  freeholder  in  the  county  in  which  he  is  chofen,  and 
worth  at  leaft  one  thoufand  pounds,  proclamation  money,  of 
real  and  perfonal  ellate,  within  the  fame  county  :  that,  at 
the  fame  time,  each  county  Hiall  alfo  choofe  three  members 
of  Alfembly  ;  provided  that  no  perfon  Hiall  be  entitled  to  a 
feat  in  the  faid  Alfembly,  unlefs  he  be,  and  have  been,  for 
one  whole  year  next  before  the  eledlion,  an  inhabitant  of  the 
county  he  is  to  reprefent,  and  worth  live  hundred  pounds 
proclamation  money,  in  real  and  perfonal  eftate,  in  the  fame 
county  ;  that  on  the  fecond  Tuefday  next  after  the  day  of 
election,  the  Council  and  Alfembly  fhall  feparatelv  meet ; 
and  that  the  confent  of  both  Houfes  Hiall  be  necelfary  to 
every  law  ;  provided,  that  feven  Hiall  be  a  quorum  of  the 
Council,  for  doing  bufinefs,  and  that  no  law  fnall  pafs,  un¬ 
lefs  there  be  a  majority  of  all  the  Reprefentatives  of  each 
body  perfonally  prefent,  and  agreeing  thereto.  Provided 
always,  that  if  a  majority  of  the  Reprefentatives  of  this 
province,  in  Council  and  General  Alfembly  convened,  Hiall, 
at  any  time  or  times  hereafter,  judge  it  equitable  and  proper, 
to  add  to  or  diminiHi  the  number  or  proportion  of  the  mein- 


NEW- JERSEY. 


99 


bers  of  AfTembly  for  any  county  or  counties  in  this  colony, 

*  then,  and  in  fuch  cafe,  the  fame  may,  on  the  principles  of 

•  more  equal  reprefentation,  be  lawfully  done;  any  thing  in 
3  this  charter,  to  the  contrary  notwithftanding  :  fo  that  the 

whole  number  of  Reprefentatives  in  AfTembly,  fhall  not,  at 
any  time,  be  lefs  than  thirty-nine. 

IV.  That  all  inhabitants  of  this  colony,  of  full  age,  who 
are  worth  fifty  pounds,  proclamation  money,  clear  eflate  in 
the  fame,  and  have  relided  within  the  county,  in  which  they 
claim  a  vote,  for  twelve  months  immediately  preceding  the 
election,  fhall  be  entitled  to  vote  for  Reprefentatives  in 
Council  and  AfTembly  ;  and  alfo  for  all  other  public  officers, 
that  fhall  be  eleCled  by  the  people  of  the  county  at  large. 

V,  That  the  AfTembly,  when  met,  fhall  have  power  to 
clioofe  a  Speaker,  and  other  their  officers  ;  to  be  judges  of 
the  qualifications  and  elections  of  their  own  members  ;  fit 
upon  their  own  adjournments  ;  prepare  bills,  to  be  pafled 

\  into  law's  ;  and  to  empower  their  Speaker  to  convene  them, 

|  whenever  any  extraordinary  occurrence  fhall  render  it  necef- 
|  fary. 

I  VI.  That  the  Council  fhall  alfo  have  power  to  prepare 
bills,  to  pafs  into  laws,  and  have  other  like  powers  as  the 
AfTembly,  and  in  all  refpefts  be  a  free  and  independent 
branch  of  the  Legiflature  of  this  colony  :  fave  only  that 
they  fhall  not  prepare  or  alter  any  money  bill — which  fhall 
be  the  privilege  of  the  AfTembly  :  that  the  Council  fhall, 
from  time  to  time,  be  convened  by  the  Governor  or  Vice- 
Prefident,  but  muff  be  convened,  at  all  times,  when  the  Af- 
fembly  fits  ;  for  which  purpofe  the  Speaker  of  the  Houfe  of 
AfTembly  fhall  always,  immediately  after  an  adjournment, 
give  notice  to  the  Governor,  or  Vice-Prefident,  of  the  time 
and  place,  to  which  the  Houfe  is  adjourned. 

VII.  That  the  Council  and  AfTembly  jointly,  at  their  firft 
■meeting  after  each  annual  election,  fhall,  by  a  majority  of 
i  votes,  elect  Tome  fit  perfon  within  the  colony,  to  be  Govern¬ 
or  for  one  year,  who  fhall  be  conflant  Prefident  of  the 
Council,  and  have  a  calling  vote  in  their  proceedings  ;  and 
that  the.  Council  themfelves  fhall  choofe  a  Vice-Prefident, 
who  fhall  adt  as  fuch  in  the  abfence  of  the  Governor. 

VIII.  'That  the  Governor,  or,  in  his  abfence,  the  Vice- 
Prefident  of  the  Council,  (hail  have  the  fuprerne  executive 


ICO 


CONSTITUTION  OF 

power,  be  Chancellor  of  the  colony,  and  a&  as  captain-ge¬ 
neral  and  commander  in  chief  of  all  the  militia,  and  other 
military  force  in  this  colony  ;  and  that  any  three  or  more  of 
the  Council  fliall,  at  all  times,  be  a  Privy-Council,  to  con- 
fult  them  ;  and  that  the  Governor  be  ordinary  or  furrogate- 
general. 

IX.  That  the  Governor  and  Council,  (feven  whereof  {hall 
be  a  quorum)  be  the  Court  of  Appeals,  in  the  lafl  refort,  in 
all  claufes  of  law,  as  heretofore  ;  and  that  they  poffefs  the  pow¬ 
er  of  granting  pardons  to  criminals,  after  condemnation,  in 
all  cafes  of  treafon,  felony,  or  other  offences. 

X.  That  Captains,  and  all  other  inferior  officers  of  the  mili¬ 
tia,  fhall  be  chofen  by  the  companies,  in  the  refpeftive  coun¬ 
ties;  but  field  and  general  officers,  by  the  Council  and  Af- 
fembly. 

XI.  That  the  Council  and  Affembly  fhall  have  power  to 
make  the  great  feal  of  this  colony,  which  fhall  be  kept  by  the 
Governor,  or  in  his  abfence,  by  the  Vice-Prefident  of  the 
Council,  to  be  ufed  by  them,  as  occafion  rmiy  require  :  and 
it  fhall  be  called  7 be  Great  Seal  of  the  colony  of  Ne<vj-f erfey* 

XII.  That  the  Judges  of  the  Supreme  Court  fhall  conti¬ 
nue  in  office  for  feven  years :  the  Judges  of  the  Inferior  Court 
of  Common  Pleas  in  the  feveral  counties,  Juitices  of  the 
Peace,  Clerks  of  the  Supreme  Court,  Clerks  of  the  Inferior  Court 
of  Common  Pleas  and  Quarter  Seffions,  the  Attorney  Gene¬ 
ral,  and  Provincial  Secretary,  fhall  continue  in  office  for  five 
years  :  and  the  Prov  incial  Treafurer  fh all  continue  in  office  for 
one  year  ;  and  that  they  fliall  be  feverally  appointed  by  the 
Council  and  Affembly,  in  manner  aforefaid,  and  eommif- 
fioned  by  the  Governor,  or,  in  his  abfence,  the  Vice-Prefi¬ 
dent  of  the  Council.  Provided  always,  that  the  faid  officers, 
feverally,  fliall  be  capable  of  being  re-appointed,  at  the  end 
of  the  terms*  feverally  before  limited  ;  and  that  any  of  the 
faid  officers  t-hall  be  liable  to  be  difmiifed,  when  adjudged 
guilty  of  mifbeha viour,  by  the  Council,  on  an  impeachment: 
of  the  Affembly. 

XIII.  That  the  inhabitants  of  each  county,  qualified  to 
vote  as  aforefaid,  fhall,  at  the  time  and  place  of  electing 
their  Reprefentativ  es,  annually  eiert  one  Sheriff,  and  one  or 
more  Coroners  ;  and  that  they  may  re-eletl  the  fame  perfon 
to  fuch  offices,  unti.  he  fhaii  have  ferved  three  years,  but 


NEW- JERSEY. 


ioi 


no  longer;  after  which,  three  years  muft  elapfe,  before  the 
fame  perfon  is  capable  of  being  ele&ed  again.  When  the 
de&ian  is  certified  to  the  Governor,  or  Vice-Prefident,  under 
the  hands  of  fix  freeholders  of  the  county,  for  which  they 
were  defied,  they  fhall  be  immediately  commiffioned  to  ferve 
in  their  refpeftive  offices. 

XIV.  That  the  townfhips,  at  their  annual  town  meeting's 
for  eledling  other  officers,  fhall  choofe  Conftables  for  the  dif- 
tricls  refpedively;  and  alfo  three  or  more  judicious  freeholders 
of  good  character,  to  hear  and  finally  determine  all  appeals,  re¬ 
lative  to  unjuft  affeffments,  in  cafes  of  public  taxation  :  which 
Uommiffioners  of  Appeal  fhall,  for  that  purpofe,  fit  at  feme 
fuitable  time  or  times,  to  be  by  them  appointed,  and  made 
known  to  the  people,  by  advertifements. 

XV.  That  the  laws  of  the  colony  fhall  begin  in  the  fol¬ 
lowing  ftyle,  viz.  “  Be  it  enaded  by  the  Council  and  Gene¬ 
ral  Affembly  of  this  colony,  and  it  is  hereby  enaded  by  au¬ 
thority  cf  the  fame  that  all  commiffions,  granted  by  the 
Governor  or  Vice-Prefident,  fhall  run  thus — u  The  colony 
jof  New-Jerfey  to  A.  B.  &c.  greeting  P’  and  that  all  writs 
fhall  likewife  run  in  the  name  of  the  colony  :  and  that  all 
indidments  fhall  conclude  in  the  following  manner,  viz. 
t(  Againfl  the  peace  of  this  colony,  the  government  and  dig- 
inity  of  the  fame/’ 

XVI.  That  all  criminals  fhall  be  admitted  to  the  fame  pri¬ 
vileges  of  witneffes  and  counfel,  as  their  profecutors  are  or 
fhall  be  entitled  to. 

XVII.  That  the  eftates  of  fuch  perfons,  as  fhall  deftroy 
jtheirown  liv°s,  fhall  not,  for  that  offence,  be  forfeited;  but 
(hall  defeead  in  the  fame  manner,  as  they  woald  have  done, 
had  fuch  perfons  died  in  the  natural  way  ;  nor  fhall  any  arti¬ 
cle,  which  may  occafion  accidentally,  the  death  of  any  one, 
be  henceforth  deemed  a  deodand,  or  in  anyvvife  forfeited,  or. 
account  of  fuch  misfortune, 

XVIII.  That  no  perfon  fhall  ever,  within  this  colony, 
be  deprived  of  the  ineifimable  privilege  of  worfhipping  Al¬ 
mighty  God,  in  a  manner  agreeable  to  the  di&ates  of  his  own 
conic ience  ;  nor,  under  any  pretence  whatever,  be  compelled 
to  attend  any  place  of  worfhip,  contrary  to  his  own  faith 
and  judgment  ;  nor  fhall  any  perfon,  within  this  colony, 
ever  be  obliged  to  pay  tithes,  taxes,  or  any  other  rates,  for 

K 


ro2 


CONSTITUTION  OF 


the  purpofe  of  building  or  repairing  any  other  church  or 
churches,  place  or  places  of  worfhip,  or  for  the  maintenance 
of  any  minifter  or  miniftry,  contrary  to  what  he  believes  to 
be  right,  or  has  deliberately  or  voluntarily  engaged  himfelf 
to  perform. 

XIX.  That  there  (hall  be  no  eftablifhment  of  any  one  re¬ 
ligious  fedl  in  this  province,  in  preference  to  another;  and 
that  no  Proteftant  inhabitant  of  this  colony  (hall  be  denied 
the  enjoyment  of  any  civil  right,  merely  on  account  of  his 
religious  principles  ;  but  that  all  perfons,  profeffing  a  belief 
in  the  faith  of  any  Proteftant  fedt,  who  (hall  demean  them- 
felves  peaceably  under  the  government,  as  hereby  eftablifhed, 
(hall  be  capable  of  being  eledled  into  any  office  of  profit  or 
irruft,  or  being  a  member  of  either  branch  of  the  Legifla- 
xure,  and  fhall  fully  and  freely  enjoy  every  privilege  and 
immunity,  enjoyed  by  others  their  fellow-fubjedls. 

XX.  That  the  legiflative  department  of  this  government 
may,  as  much  as  poftible,  be  preferred  from  all  fufpicion  of 
corruption,  none  of  the  Judges  of  the  Supreme  or  other 
Courts,  Sheriffs,  or  any  other  perfon  or  perfons  poflefled  of 
any  poft  of  profit  under  the  government,  other  than  Juft  ices 
of  the  Peace,  fhall  be  entitled  to  a  feat  in  the  Affembly  ; 
but  that,  on  his  being  eledfed,  and  taking  his  fear,  his  office 
or  poft  fhall  be  confidered  as  vacant. 

XXI.  That  all  the  laws  of  this  province,  contained  in  the 
edition  lately  publifhed  by  Mr.  Allifon,  fhall  be  and  remain 
in  full  force,  until  altered  by  the  Legiflature  of  this  colony 
(fuch  only  excepted,  as  are  incompatible  with  this  charter) 
and  fhall  be,  according  as  heretofore,  regarded  in  all  refpedls, 
by  all  civil  officers,  and  others,  the  good  people  of  this  pro¬ 
vince. 

XXII.  That  the  common  law  of  England,  as  well  as  fo 
much  of  the  ftatute  law,  as  have  been  heretofore  pradtifed 
in  this  colony,  fhall  ft  ill  remain  in  force,  until  they  fhall  be 
altered  by  a  future  law  of  the  Legiflature  ;  fuch  parts  only 
excepted,  as  are  repugnant  to  the  rights  and  privileges  con¬ 
tained  in  this  charter  ;  and  that  the  ineftimable  right  of  trial 
by  jury  fhall  remain  confirmed,  as  a  part  of  the  law  of  this 
colony,  without  repeal,  for  ever. 

XXIII.  That  every  perfon,  who  fhall  be  eledted,  as  afore- 
faid,  to  be  a  member  of  the  Legiflative  Council,  or  Ploufe 


PENNSYLVANIA. 


105 


5f  AfTembly,  fhall,  previous  to  his  taking  his  feat  in  Coun- 
:il  or  AfTembly,  take  the  following  oath  or  affirmation,  viz. 
“  I,  A.  B.  do  folemnly  declare,  that,  as  a  member  of  the 
j| Legiflative  Council,  (or  AfTembly,  as  the  cafe  may  be,)  of 
the  colony  of  Nev/.Jerfey,  I  will  not  affent  to  any  law,  vote 
„  or  proceeding,  which  fhall  appear  to  me  injurious  to  the 
public  welfare  of  faid  colony,  nor  that  fhall  annul  or  repeal 
that  part  of  the  third  fe&ion  in  the  charter  of  this  colony, 
which  eftabliflies,  that  the  ele&ions  of  members  of  the  Le- 
gifiative  Council  and  AlTembly  fhall  be  annual  ;  nor  that  part 
of  the  tvventy-fecond  feftion  in  faid  charter,  refpedfing  the 
itrial  by  jury,  nor  that  fhall  annul,  repeal,  or  alter  any  part 
or  parts  of  the  eighteenth  or  nineteenth  TeTions  of  the  fame.’* 
And  any  perfon  or  perfons,  who  fhall  be  eledled  as  afore- 
faid,  is  hereby  empowered  to  adminifler,  to  the  faid  mem- 
bers,  the  faid  oath  or  affirmation. 

Provided  always,  and  it  is  the  true  intent  and  meaning  of 
this  Conprefs,  that  if  a  reconciliation,  between  Great-Bri- 
tain  and  thefe  colonies,  fliould  take  place,  and  the  latter  be 
taken  again  under  the  protection  and  government  of  the 
crown  of  Britain,  this  charter  fhall  be  null  and  yoid — other- 
wife  to  remain  firm  and  inviolable. 

In  Provincial  Gongrf.ss,  New-Jerfey, 

Burlington,  July  2,  1776. 

By  order  of  Congrefs, 

SAMUEL  TUCKER,  P  ref  dent. 
Extract  from  the  Minutes, 

William  Paterson,  Secretary. 

— — • 

PENNSYLVANIA. 

The  Conjlituttcn  of  the  Commonwealth  of  Pen  nfy  Ivanl  a  y  as  ra¬ 
tified  in  Convention)  the  2 d  day  of  September ,  1790. 

We,  the  peotle  of  the  Commonwealth  of  Penn¬ 
sylvania,  ORDAIN  AND  ESTABLISH  THIS  CONSTITUTION 
for  its  Government. 

ARTICLE  I. 

THE  legiflative  power  of  this  commonwealth  fhall  be 
veiled  in  a  General  AlTembly,  which  fhall  confill  of  a 
Senate  and  Houfe  of  Reprefentaives. 


Jo4 


CONSTITUTION  OF 


II.  The  Representatives  fhall  be  chofen  annually,  by  the 
citizens  of  the  city  of  Philadelphia,  and  of  each  county  re- 
fpeftivcly,  on  the  fecond  Tuefday  of  Otfloher. 

III.  No  perfon  fhall  be  a  Reprefentative,  who  fhall  no! 
have  attained  the  age  of  twenty-one  years,  and  have  been  a 
citizen  and  inhabitant  of  the  ftate  three  years  next  preceding 
his  eleftion,  and  the  laft  year  thereof  an  inhabitant  of  the  city 
or  county,  in  which  he  fhall  be  chofen  ;  unlefs  he  fhall  have 
been  abfent  on  the  public  bufinefs  of  the  United  States,  or 
of  this  ftate.  No  perfon,  refiding  within  any  city,  town, 
or  borough,  which  (hall  be  entitled  to  a  feparatc  reprefenta- 
tion,  fhall  be  elefted  a  member  for  any  county  ;  nor  fhall  any 
perfon,  refiding  without  the  limits  of  any  fuch  city,  town, 
or  borough,  be  elefted  a  member  therefor. 

IV.  Within  three  years  after  the  firft  meeting  of  the  Ge¬ 
neral  Affembly,  and  within  every  fubfequent  term  of  feven 
years,  an  enumeration  of  the  taxable  inhabitants  fhall  be 
made,  in  fuch  manner  as  lhall  be  dire&ed  by  law.  The  num¬ 
ber  of  Reprefenfatives  fhall,  at  the  fcveral  periods  of  mak¬ 
ing  fuch  enumeration,  be  fixed  by  the  Legiflature,  and  ap¬ 
portioned  among  the  city  of  Philadelphia,  and  the  feveral 
counties,  according  to  the  number  of  taxable  inhabitants  in 
each  ;  and  fhall  never  be  lefs  than  fixty,  nor  greater  than 
one  hundred.  Each  county  fhall  have,  at  leaft,  one  Repre¬ 
fentative  :  but  no  county,  hereafter  erefted,  fhall  be  entitled 
to  a  feparate  reprefentation,  until  a  fufticient  number  of  taxa¬ 
ble  inhabitants  fhall  be  contained  within  it,  to  entitle  them  to 
one  K.eprefentative,  agreeable  to  the  ratio,  which  fhall  the* 
be  eftablifhed. 

V.  The  Senators  fhall  be  chofen  for  four  years,  by  the  citi¬ 
zens  of  Philadelphia,  and  of  the  feveral  counties,  at  the  fame 
time,  in  the  fame  manner,  and  at  the  fame  places,  where 
they  fhall  vote  for  Reprefentatives. 

VI.  The  number  of  Senators  fhall,  at  the  feveral  periods 
of  making  the  enumeration  before  mentioned,  be  fixed  by 
the  Legiflature,  and  apportioned  among  the  diftrifts  formed 
as  herein  after  directed,  according  to  the  number  of  taxable 
Inhabitants  in  each  ;  and  fhall  never  be  lefs  than  one-fourth, 
nor  greater  than  one-third,  of  the  number  of  Reprefenta- 
lives. 


b 


PENNSYLVANIA. 


JO! 


*  VII.  The  Senators  fhall  be  chofen  in  dift  rifts,  to  be  formed 
by  the  Legiilature  ;  each  diilrift  containing  fuch  a  number 
of  taxable  inhabitants,  as  fhail  be  entitled  to  eleft  not  more 
than  four  Senators.  When  a  diftrift  fhall  be  compofed  of 
two  or  more  counties,  they  fhall  be  adjoining.  Neither  the 
city  of  Philadelphia,  nor  any  county,  fhall  be  divided  in 
forming  a  diftrift. 

VIII.  No  perfon  fhall  be  a  Senator,  who  fhall  not  have  at¬ 
tained  the  age  of  twenty-five  years,  and  have  been  a  citizen 
and  inhabitant  of  the  ftate  four  years  next  before  his  eleftion, 
and  the  laft  year  thereof  an  inhabitant  of  the  diftrift,  for 
which  he  fhall  be  chofen  ;  unlefs  he  fhall  have  been  abfent  on 
the  public  bufinefs  of  the  United  States,  or  of  this  ftate. 

IX.  Immediately  after  the  Senators  fnall  be  affembled,  in 
confequence  of  the  firft  eleftion,  fubfequent  to  the  firft  enu¬ 
meration,  they  fhall  be  divided,  by  lot,  as  equally  as  may 
be,  into  four  clafles.  The  feats  of  the  Senators  of  the  firft: 
clafs  fhall  be  vacated,  at  the  expiration  of  the  firft  year;  of 
the  fecond  clafs,  at  the  expiration  of  the  fecond  year;  of 
the  third  clafs,  at  the  expiration  of  the  third  year  ;  and  of 
the  fourth  clafs,  at  the  expiration  of  the  fourth  year  ;  fo  that 
one-fourth  may  be  chofen  every  year. 

X.  The  General  AfTembly  fhall  meet  on  the  firft  Tuefday 
of  December  in  every  year,  unlefs  fooner  convened  by  the 
Governor. 

XI.  Each  Houfe  fhall  choofe  its  Speaker  and  other  officers  : 
and  the  Senate  fhall  alfo  choofe  a  Speaker,  pro  tempore ,  when 
the  Speaker  fhall  exercife  the  office  of  Governor. 

XII.  Each  Houfe  fhall  judge  of  the  qualifications  of  its 
members.  Contefted  eleftions  fhall  be  determined  by  a  com¬ 
mittee  to  be  feiefted,  formed,  and  regulated  in  fuch  manner 
as  fhall  be  direfted  by  law.  A  majority  of  each  Houfe  fhall 
conftitute  a  quorum  to  do  bufinefs  :  but  a  fmaller  number 
may  adjourn  from  day  to  day,  and  may  be  authorifed,  by 
law,  to  compel  the  attendance  of  abfent  members,  in  fuch. 
manner,  and  under  fuch  penalties,  as  may  be  provided. 

XIII.  Each  Houfe  may  determine  the  rules  of  its  pro¬ 
ceedings  ;  punifh  its  members  for  diforderly  behaviour  ;  and, 
with  the  concurrence  of  two-thirds,  expel  a  member  ;  but 
not  a  fecond  time  for  the  fame  caufe  ;  and  fhall  have  all  oth^r 

K  z 


CONSTITUTION  OF 


106 

powers  neceflary  for  a  branch  of  the  Legiilature  of  a  free 
ilate. 

XIV.  Each  Houfe  fliall  keep  a  journal  of  its  proceedings, 
and  publifh  them  weekly,  except  fuch  parts  as  may  require 
fecrecy.  And  the  yeas  and  nays  of  the  members,  on  any 
queftion,  (hall,  at  the  defire  of  any  two  of  them,  be  entered 
on  the  journals. 

XV.  The  doors  of  each  Houfe,  and  of  committees  of  the 
whole,  fhall  be  open,  unlefs  when  the  bufinefs  fhall  be  fuch 
as  ought  to  be  kept  fecret. 

XVI.  Neither  Houfe  fhall,  without  the  confent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  Houfes  fliall  be  fitting. 

XVII.  The  Senators  and  Reprcfentatives  fhall  receive  a 
compenfation  for  their  fervices,  to  be  afcertained  by  law, 
and  paid  out  of  the  treafury  of  the  commonwealth.  They 
fhall,  in  all  cafes,  except  treafon,  felony,  and  breach  or 
furety  of  the  peace,  be  privileged  from  arreft,  during  their 
attendance  at  the  feffion  of  the  refpeftive  Houfes,  and  in  go¬ 
ing  to  and  returning  from  the  fame.  And  for  any  fpeech  or 
debate  in  either  Houfe,  they  fliall  not  be  queflioned  in  any 
other  place. 

XVIII.  No  Senator  or  Reprefentative  fhall,  during  the 
time  for  which  he  fliall  have  been  eleHed,  be  appointed  to 
any  civil  office,  under  this  commonwealth,  which  fliall  have 
been  created,  or  the  emoluments  of  which  fhall  have  been 
increafed,  during  fuch  time  :  and  no  member  of  Congrefs, 
or  other  perfon  holding  any  office  (except  of  attorney  at  law, 
and  in  the  militia)  under  the  United  States  or  this  common¬ 
wealth,  fliall  be  a  member  of  either  Houfe,  during  his  con¬ 
tinuance  in  Conprefs,  or  in  office. 

XIX.  When  vacancies  happen  in  either  Houfe,  the  Speaker 
fliall  iflue  writs  of  eleftion  to  fill  fuch  vacancies. 

XX.  All  bills,  for  railing  revenue,  fhall  originate  in  the 
Houfe  of  Reprcfentatives  :  but  the  Senate  may  propofe 
amendments,  as  in  other  bills. 

XXI.  No  money  fhall  be  drawn  from  the  treafury,  but 
in  confequence  of  appropriations  made  by  law. 

XXII.  Every  bill,  which  fliall  have  paffed  both  Houfes, 
fliall  be  prefented  to  the  Governor.  If  he  approve,  he  fliall 
fign  it :  but  if  he  fhall  not  approve,  he  fhall  return  it,  with 


PENNSYLVANIA. 


107 

his  objections,  to  the  Houfe,  in  which  it  fhall  have  origi¬ 
nated,  who  fhall  enter  the  obje&ions  at  large  upon  their 
journals,  and  proceed  to  re-confider  it.  If,  after  fuch  re. 
coniideration,  two-thirds  of  that  Houfe  fhall  agree  to  pafs 
the  bill,  it  fhall  be  fent,  with  the  obje&ions,  to  the  other 
Houfe,  by  which  likewife  it  fnall  be  re-confidered  ;  and  if 
approved  by  two-thirds  of  that  Houfe,  it  fnall  be  a  law. 
Eut  in  fuch  cafes,  the  votes  of  both  Houfes  fhall  be  deter¬ 
mined  by  yeas  and  nays  :  and  the  names  of  the  perfons  vot¬ 
ing  for  or  againft  the  bill,  fhall  be  entered  on  the  journals 
of  each  Eloufe  refpeCtively.  If  any  bill  fnall  not  be  returned 
by  the  Governor  within  ten  days  (Sundays  excepted)  after  it 
fhall  have  been  prefented  to  him  ;  it  fhall  be  a  law,  in  like 
manner  as  if  he  had  figned  it ;  unlefs  the  General  AfTembly, 
by  their  adjournment,  prevent  its  return  ;  in  which  cafe,  it 
iliall  be  a  law,  unlefs  fent  back  within  three  days  after  their 
next  meeting. 

XXIII.  Every  order,  refolution,  or  vote,  to  which  the 
concurrence  of  both  Hcufes  may  be  neceffary  (except  on  a 
«  queflion  of  adjournment)  fhall  be  prefented  to  the  Governor  ; 

and,  before  it  fhall  take  eifeCt,  be  approved  by  him  ;  or, 
Ij  being  difapproved,  fhall  be  re-paffed  by  two-thirds  of  both 
Houfes,  according  to  the  rules  and  limitations  preferibed  in 
cafe  of  a  bill. 


ARTICLE  II. 

I.  THE  fupreme  executive  power  of  this  commonwealth 
fhall  be  veiled  in  a  Governor. 

II.  The  Governor  fhall  be  chofen  on  the  fecond  Tuefday 
of  Odlober,  by  the  citizens  of  the  commonwealth,  at  the 
places  where  they  fhall  refpeCtively  vote  for  Representatives. 
The  returns  of  every  election  for  Governor  fhall  be  fealed  up, 
and  tranfraitted  to  the  feat  of  government,  directed  to  the 
Speaker  of  the  Senate,  who  fhall  open  and  publilh  them,  in 
the  prefence  of  the  members  of  both  Houfes  of  the  Legifla- 
ture.  The  perfon  having  the  higheft  number  of  votes,  fhall 
be  Governor.  Eut  if  two  or  more  fhall  be  equal  and  higheft 
in  votes,  one  of  them  fhall  be  chofen  Governor,  by  the  joint 
vote  of  the  members  of  both  Houfes.  Contefted  elections 
fhall  be  determined  by  a  committee,  to  be  feleCted  from  both 


CONSTITUTION  OF 


10S 

Houfes  of  the  Legiflature,  and  formed  and  regulated  in  fuch 
manner  as  fliall  be  directed  by  law. 

III.  The  Governor  Hi  all  hold  his  office  during  three  years 
from  the  third  Tuefday  of  December  next  enfuing  his  elec¬ 
tion  ;  and  fliall  not  be  capable  of  holding  it  longer  than  nine 
in  any  term  of  twelve  years. 

IV.  He  fliall  be  at  leaf!  thirty  years  of  age,  and  have  been 
a  citizen  and  inhabitant  of  this  ftate  feven  years  next  before 
his  eleftion  ;  unlefs  he  fliall  have  been  abfent  on  the  public 
bufinefs  of  the  United  States,  or  of  this  ftate. 

V.  No  member  of  Congrefs,  or  perfon  holding  any  of¬ 
fice  under  the  United  States,  or  this  ftate,  fhall  exercife  the 
office  of  Governor. 

VI.  The  Governor  fhall,  at  ftated  times,  receive,  for  his 
fervices,  a  compenfation  which  fliall  be  neither  increafed  nor 
diminifhed  during  the  period  for  which  he  fnall  have  been 
defied. 

VII.  He  fhall  be  commander  in  chief  of  the  army  and 
navy  of  this  commonwealth,  and  of  the  militia  ;  except 
when  they  fhall  be  called  into  actual  fervice  of  the  United 
States. 

VIII.  He  fhall  appoint  all  officers,  whofe  offices  are  efta- 
blifhed  by  this  conftitution,  or  fliall  be  eftablifhed  by  law, 
and  whofe  appointments  are  not  herein  otherwife  provided 
for;  but  no  perfon  fhall  be  appointed  to  an  office  within  any 
county,  who  fliall  not  have  been  a  citizen  and  inhabitant 
therein  one  year  next  before  his  appointment,  if  the  county 
fliall  have  been  fo  long  erefied  ;  but,  if  it  fhall  not  have 
been  fo  long  erefled,  then  within  the  limits  of  the  county 
or  counties,  out  of  which  it  fliall  have  been  taken.  No 
member  of  Congrefs  from  this  ftate,  nor  any  perfon  holding 
or  exercifing  any  office  of  truft  or  profit  under  the  United 
States,  fliall,  at  the  fame  time,  hold  or  exercife  the  office  of 
Judge,  Secretary,  Treafurer,  Prothonotary,  Regifter  of  Wills, 
Recorder  of  Deeds,  Sheriff,  or  any  office  in  this  ftate,  to 
which  a  falary  is  by  law  annexed,  or  any  other  office  which 
future  Legiflatures  fliall  declare  incompatible  with  offices  or 
appointments  under  the  United  States. 

IX.  He  fhall  have  power  to  remit  fines  and  forfeitures,  and 
grant  reprieves  and  pardons,  except  in  cafes  of  impeachment. 


PENNSYLVANIA. 


idf 

X.  He  may  require  information,  in  writing,  from  the  offi¬ 
cers  in  the  executive  department,  upon  any  fubjedl  relating 
to  the  duties  of  their  refpeftive  offices. 

XI.  He  fhal!,  from  time  to  time,  give  to  the  General  Af~ 
fembly  information  of  the  Hate  of  the  commonwealth,  and 
recommend  to  their  confideration  fuch  meafures  as  he  fhall 
judge  expedient. 

XII.  He  may,  on  extraordinary  occasions,  convene  the  Ge¬ 
neral  Affembly  ;  and,  in  cafe  of  difagreement  between  the 
two  Houfes,  with  refpeft  to  the  time  of  adjournment,  ad¬ 
journ  them  to  fuch  time  as  he  fhall  think  proper,  not  ex¬ 
ceeding  four  months. 

XIII.  He  (hall  take  care  that  the  laws  be  faithfully  exe¬ 
cuted. 

XIV.  In  cafe  of  the  death  or  refignation  of  the  Governor, 
cr  of  his  removal  from  office,  the  Speaker  of  the  Senate  fhall 
cxercife  the  office  of  Governor,  until  another  Governor  fhall 
be  duly  qualified.  And  if  the  trial  of  a  contefted  eleffion  (hall 
continue  longer  than  until  the  third  Tuefday  in  December 
next  enfuing  the  election  of  a  Governor,  the  Governor  of  the 
lafl  year,  or  the  Speaker  of  the  Senate,  who  may  be  in  the 
exercife  of  the  executive  authority,  fhall  continue  therein, 
until  the  determination  of  fuch  contefted  ele&ion,  and  until 
a  Governor  fhall  be  qualified  as  aforefaid. 

XV.  A  Secretary  fhall  be  appointed  and  commiffioned 
during  the  Governors  continuance  in  office,  if  he  fhall  fo 
long  behave  himfeif  well.  He  fhall  keep  a  fair  regifter  of 
all  the  official  acts  and  proceedings  of  the  Governor,  and 
fhall,  when  required,  lay  the  fame,  and  all  papers,  minutes, 
and  vouchers,  relative  thereto,  before  either  branch  of  the 
Legiflature  ;  and  fliall  perform  fuch  other  duties  as  fhall  be 
enjoined  him  by  law. 

■  -  . . . 

ARTICLE  III. 

I.  IN  elections  by  the  citizens,  every  freeman,  of  the 
Sge  of  twenty-one  years,  having  refided  in  the  Hate  two 
years  next  before  the  election,  and  within  that  time  paid  a 
ftate  or  county  tax,  which  fhall  have  been  afleffed  at  leaf!  fix 
months  before  the  ele&ion,  fhall  enjoy  the  rights  of  an  ele&or 
• — provided,  that  the  fons  of  perfons  qualified  as  aforefaidj 


CONSTITUTION  OF 


?io 

between  the  ages  of  twenty-one  and  twenty-two  years,  fha  \ 
be  entitled  to  vote,  although  they  (hall  not  have  paid  taxes! 

II.  All  elections  fhall  be  by  ballot,  except  thofe  by  per 
Tons  in  their  reprefentative  capacities,  who  fhall  vote  vivt] 

*voce. 

III.  Electors  (hall,  in  all  cafes,  except  treafon,  felony 
and  breach  or  furety  of  the  peace,  be  privileged  from  arrefi 
during  their  attendance  at  eledlions,  and  in  going  to  anc1 1 
returning  from  them. 

ARTICLE  IV. 

I.  THE  Houfe  of  Reprefentatives  fhall  have  the  foie  power . 
of  impeaching. 

II.  All  impeachments  fhall  be  tried  by  the  Senate. 
When  fitting  for  that  purpofe,  the  Senators  fhall  be  upon  ] 
oath  or  affirmation.  No  perfon  fhall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  members  prefent. 

III.  The  Governor,  and  all  other  civil  officers,  under 
this  commonwealth,  fhall  be  liable  to  impeachment  for  any 
mifdemeanor  in  office.  But  judgment,  in  fuch  cafes,  fhall 
not  extend  further  than  to  removal  from  office,  and  disquali¬ 
fication  to  hold  any  office  of  honour,  trull,  or  profit,  under 
this  commonwealth.  The  party,  whether  convidted  or  ac¬ 
quitted,  fhall  neverthelefs  be  liable  to  indidlment,  trial* 
judgment  and  punifh merit  according  to  law. 

ARTICLE  V. 

I.  THE  judicial  power  of  this  commonwealth  fhall  be 
veiled  in  a  Supreme  Court,  in  Courts  of  Oyer  and  Terminer 
and  General  Jail  Delivery,  in  a  Court  of  Common  Pleas, 
Orphans’  Court,  Regifler’s  Court,  and  a  Court  of  Quarter 
Seffions  of  the  Peace  for  each  county,  in  Juflices  of  the  Peace, 
and  in  fuch  other  Courts  as  the  Legillature  may,  from  time 
to  time,  eflablifh. 

II.  The  Judges  of  the  Supreme  Court,  and  of  the  feve- 
ral  Courts  of  Common  Pleas,  fhall  hold  their  offices  during 
good  behaviour.  But  for  any  reafonable  caufe,  which  fhall 
not  be  fufficient  ground  of  impeachment,  the  Governor  may 
remove  any  of  them,  on  the  addrefs  of  two-thirds  of  each 
branch  of  the  Legillature.  The  Judges  of  the  Supreme 
Court,  and  the  Prefidents  of  the  feveral  Courts  of  Common 


PENNSYLVANIA. 


1 1 1 


Picas,  fliall,  at  ftated  times,  receive,  for  their  fervices,  an 
adequate  compenfation,  to  be  fixed  by  law,  which  fhall  not 
'  be  diminifhed  during  their  continuance  in  office:  but  they 
a  fhall  receive  no  fees  or  perquifites  of  office,  nor  hold  any 
other  office  ©f  profit  under  this  commonwealth. 

’  III.  The  jurifdidlion  of  the  Supreme  Court  fhall  extend 
‘  over  the  ftate  :  and  the  Judges  thereof  (hall,  by  virtue  of 
^  their  offices,  be  Juftices  of  Oyer  and  Terminer  and  General 
Jail  Delivery  in  the  feveral  counties. 

IV.  Until  it  fhall  be  otherwife  dire&ed  by  law,  the  fe¬ 
veral  Courts  of  Common  Pleas  (hall  be  eftablifhed  in  the  fol- 

1  lowing  manner  :  The  Governor  fhall  appoint  in  each  county, 
not  fewer  than  three,  nor  more  than  four  Judges  who,  dur- 
'  ing  their  continuance  in  office,  fhall  refide  in  fuch  county. 
The  ftate  fhall  be  divided,  by  law,  into  circuits,  none  of 
which  fhall  include  more  than  fix,  nor  fewer  than  three 
counties.  A  Prefident  fhall  be  appointed  of  the  Courts  in 
each  Circuit,  who,  during  his  continuance  in  office,  fhall  re¬ 
fide  therein.  The  Prefident  and  Judges,  any  two  of  whom 
(hall  be  a  quorum,  fhall  compofe  the  refpe&ive  Courts  of 
Common  Pleas. 

V.  The  Judges  of  the  Court  of  Common  Pleas  in  each 
county,  (hall,  by  virtue  of  their  offices,  be  Juftices  of  Oyer 
and  Terminer  and  General  Jail  Delivery,  for  the  trial  of  ca¬ 
pital  and  other  offenders  therein  :  any  two  of  the  faid  Judges, 
the  Prefident  being  one,  fhall  be  a  quorum  ;  but  they  fhall 
not  hold  a  Court  of  Oyer  and  Terminer  or  Jail  Delivery  in 
any  county,  when  the  Judges  of  the  Supreme  Court,  or  any 
of  them,  fhall  be  fitting  in  the  fame  county.  The  party  ac- 
cufed,  as  well  as  the  commonwealth,  may,  under  fuch  regu¬ 
lations,  as  fhall  be  preferibed  by  law,  remove  the  indiftment 
and  proceedings,  or  a  tranfeript  thereof,  into  the  Supreme 
Court. 

VI.  The  Supreme  Court  and  the  feveral  Courts  of  Com¬ 
mon  Pleas,  fhall,  befide  the  powers  heretofore  ufually  exer- 
cifed  by  them,  have  the  powers  of  a  Court  of  Chancery,  fo 
far  as  relates  to  the  perpetuating  teftimony,  the  obtaining  of 
evidence  from  places  not  within  the  ftate,  and  the  care  of 
the  perfons  and  eftates  of  thofe,  who  are  non  compotes  mentis  : 
and  the  Legiflature  fhall  veft,  in  the  faid  Courts,  fuch  other 
powers,  to  grant  relief  in  equity,  as  fhall  be  found  necef- 


I  12 


CONSTITUTION  OF 


far y\  and  may,  from  time  to  time,  enlarge  or  diminifh  thofe 
powers,  or  vert  them  in  fuch  other  Courts  as  they  fhall 
judge  proper,  for  the  due  adminift  ration  of  juftice. 

VII.  The  Judges  of  the  Court  of  Common  Pleas  of  each 
county,  any  two  of  vyhom  fhall  be  a  quorum,  fhall  compofe 
the  Court  of  Quarter  Seffions  of  the  Peace,  and  Orphans* 
Court  thereof :  and  the  Regifter  of  Wills,  together  with 
the  faid  Judges,  or  any  two  of  them,  fhall  compofe  the  Re- 
gifter*s  Court  of  each  county. 

VIII.  The  Judges  of  the  Courts  of  Common  'Pleas  fhall, 
within  their  refpeftive  counties,  have  the  like  powers  with  j 
the  Judges  of  the  Supreme  Court,  to  iffue  writs  of  certiorari 
to  the  Juftices  of  the  Peace,  and  to  caufe  their  proceedings 
to  be  brought  before  them,  and  the  like  right  and  juftice  to 
be  done. 

IX.  The  Prefident  of  the  Court,  in  each  Circuit,  within 
fuch  Circuit,  and  the  Judges  of  the  Court  of  Common  Pleas, 
within  their  refpedlive  counties,  fhall  be  Juftices  of  the  Peace 
fo  far  as  relates  to  criminal  matters. 

X.  The  Governor  fhall  appoint  a  competent  number  of 
Juftices  of  the  Peace,  in  fuch  convenient  diftrifts,  in  each 
county,  as  are  or  fhall  be  dire&ed  by  law  ;  they  fhall  be 
commiffioned  during  good  behaviour ;  but  may  be  removed 
on  con  vision  of  mifbehaviour  in  office,  or  of  any  infamous 
crime,  or  on  the  addrefs  of  both  Houfes  of  the  Legiflature. 

XI.  A  Regifter’s  office  for  the  Probate  of  Wills  and  grant¬ 
ing  letters  of  adminlftration,  and  an  office  for  the  recording 
of  deeds,  ftiab  be  kept  in  each  county. 

XII.  The  ftyle  of  all  procefs  fhall  be,  The  Commonwealth 
of  Pennfylvania  ;  all  profecutions  fhall  be  carried  on  in  the 
name  and  by  the  authority  of  the  commonwealth  of  Penn¬ 
fylvania,  and  conclude,  agalnji  the  fence  and  dignity  of  the 
fame, 

ARTICLE  VI. 

I.  SHERIFFS  and  Coroners  fhall,  at  the  times  and  places 
of  eleftion  of  Reprefentatives,  be  chofen  by  the  citizens  of 
each  county.  Two  perfons  fhall  be  chofen  for  each  office,  one 
of  whom,  for  each  refpe&ively,  fhall  be  appointed  by  the 
Governor.  They  fhall  hold  their  offices  for  three  years,  if 
they  fhall  fo  long  behave  themfelvei  well,  and  until  a  fuc- 


PENNSYLVANIA. 


1  *3 

ceffor  be  duly  qualified  :  but  no  perfon  fhall  be  twice  chofen 
or  appointed  Sheriff  in  any  term  of  fix  years.  Vacancies, 
in  either  of  the  faid  offices,  fhall  be  filled  by  a  new  appoint¬ 
ment,  to  be  made  by  the  Governor,  to  continue  until  the  next 
general  election,  and  until  a  fucceffor  fhall  be  chofen  and 
qualified  as  aforefaid. 

II.  The  freemen  of  this  commonwealth  fhall  be  armed 
and  difeiplined  for  its  defence.  Thofe,  who  confcientioufiy 
fcruple  to  bear  arms,  (hall  not  be  compelled  to  do  fo ;  but 
fhall  pay  an  equivalent  for  perfonal  fervice.  The  militia  of¬ 
ficers  fhall  be  appointed,  in  fuch  manner,  and  for  fuch  time, 
as  fhall  be  directed  by  law. 

III.  Trothonotaries,  Clerks  of  the  Peace  and  Orphans* 
Courts,  Recorders  of  Deeds,  Regiflers  of  Wills,  and  Sheriffs, 
fhall  keep  their  offices  in  the  county  town  of  the  county,  irr 
which  they  refpeHively  fhall  be  officers  ;  unlefs  when  the 
Governor  fhall,  for  fpecial  reafons,  difpenfe  therewith,  fof 
any  term,  not  exceeding  five  years,  after  the  county  fhall 
have  been  eredted. 

IV.  All  commiffions  fhall  be  in  the  name  and  by  the  au¬ 
thority  of  the  commonwealth  of  Pennfylvania,  andbefealed 
with  the  flate  feal,  and  figned  by  the  Governor. 

V.  The  State  Treafurer  fhall  be  appointed,  annually,  by 
the  joint  vote  of  the  members  of  both  Houfes.  All  other 
officers,  in  the  Treafury  Department,  attornies  at  law,  elec 
tion  officers,  officers  relating  to  taxes,  to  the  poor  and  high¬ 
ways,  Conflables,  and  other  townfhip  officers,  fhall  be  ap¬ 
pointed  in  fuch  manner  as  is  or  fhall  be  directed  by  law. 

ARTICLE  VII. 

I.  THE  Legiflature  fhall,  as  fcon  as  conveniently  may 
be,  provide,  by  law,  for  the  eflablifhment  of  fchools 
throughout  the  flate,  in  fuch  manner  that  the  poor  may  be 
taught  gratis . 

II.  The  arts  and  fciences  fhall  be  promoted  in  on©  or  more 
feminaries  of  learning. 

III.  The  rights,  privileges,  immunities,  and  eflates  of 
religious  focieties  and  corporate  bodies,  fhall  remain,  as  if 
the  conflitution  of  this  flate  had  not  been  altered  or  amended. 


L 


CONSTITUTION  OF 


114 

ARTICLE  VIIT. 

MEMBERS  of  the  General  Aflembly,  and  all  officers* 
executive  and  judicial,  (hall  be  bound  by  oath  or  affirma¬ 
tion,  to  fupport  the  conftitution  of  this  commonwealth,  and 
to  perform  the  duties  of  their  refpe&ive  offices  with  fidelity. 

ARTICLE  IX. 

*That  the  general y  great ,  and  cffential  principles  of  liberty  and 

free  government  may  be  recognized  and  unalterably  eflablijhedy 

WE  DECLARE , 

I.  THAI'  all  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  and  indefeafible  rights,  among 
which  are  thofe  of  enjoying  and  defending  life  and  liberty, 
of  acquiring,  poffeffing,  and  prote&ing  property  and  reputa¬ 
tion,  and  of  purfuing  their  own  happinefs. 

II.  That  all  power  is  inherent  in  the  people ;  and  all  free 
governments  are  founded  on  their  authority,  and  inftitnted 
for  their  peace,  fafety,  and  happinefs.  For  the  advance¬ 
ment  of  thofe  ends,  they  have,  at  all  times,  an  unalienable 
and  indefeafible  right,  to  alter,  reform,  or  abolifh  their  go¬ 
vernment,  in  fuch  manner  as  they  may  think  proper. 

III.  That  all  men  have  a  natural  and  indefeafible  right  to 
worth  ip  Almighty  God  according  to  the  didlates  of  their  own 
confciences  ;  that  no  man  can,  of  right,  be  compelled  to  at¬ 
tend,  ereft,  or  fupport  any  place  of  worfhip,  or  to  maintain 
any  minifiry,  againll  his  confent  ;  that  no  human  authority 
can,  in  any  cafe  whatever,  control  or  interfere  with  the 
rights  of  confcience  ;  and  that  no  preference  (hall  ever  be 
given,  by  law,  to  any  religious  eftablifhments  or  modes  of 
worfhip. 

IV.  That  no  perfon,  who  acknowledges  the  being  of  a 
God,  and  a  future  (late  of  rewards  and  punifhments,  (hall, 
on  account  of  his  religious  fentiments,  be  difqualified  to  hold 
any  office  or  place  of  truft  or  profit  under  this  commonwealth. 

V.  That  elections  (hall  be  free  and  equal. 

VI.  That  trial  by  jury  (hall  be  as  heretofore,  and  the 
right  thereof  remain  inviolate. 

VII.  That  the  printing  preiTes  (hall  be  free  to  every  per¬ 
fon  who  undertakes  to  examine  the  proceedings  of  the  Legif. 
lature  or  any  branch  of  government  :  and  no  law  (hall  ever 
be  made  to  reftrain  the  right  thereof.  The  free  communica- 


PENNSYLVANIA. 


"5 

tion  of  thoughts  and  opinions  is  one  of  the  invaluable  rights 
of  man  :  and  every  citizen  may  freely  fpeak,  write,  and 
print  on  any  fubjeft,  being  refponfible  for  the  abufe  of  that 
liberty.  In  profecutions  for  the  publication  of  papers,  in- 
veffigating  the  official  conduT  of  officers,  or  men  in  a  public 
capacity,  or  where  the  matter  publilhed  is  proper  for  public 
information,  the  truth  thereof  may  be  given  in  evidence. 
And,  in  all  indictments  for  libels,  the  jury  fhall  have  a  right 
to  determine  the  law  and  the  fads,  under  the  direction  of  the 
court,  as  in  other  cafes. 

VIII.  That  the  people  (hall  be  fecure  in  their  perfons, 
houfes,  papers,  and  poffeffions,  from  unreafonable  fearches 
and  feizures  :  and  that  no  warrant,  to  fearch  any  place  or  to 
feize  any  perfon  or  things,  fliall  iffue  without  defcribing  them 
as  nearly  as  may  be,  nor  without  probable  caufe,  fupported 
by  oath  or  affirmation. 

IX.  Thar,  in  all  criminal  profecutions,  the  accufed  hath 
a  right  to  be  heard  by  himfelf  and  his  counfel  ;  to  demand  the 
nature  and  caufe  of  the  accufation  againft  him ;  to  meet  the 
witndfes  face  to  face  ;  to  have  cornpulfcry  procefs  for  ob¬ 
taining  witnefTes  in  his  favour  ;  and,  in  profecutions  by  i ti¬ 
died  ment  or  information,  a  fpeedy  public  trial,  by  an  impar¬ 
tial  jury  of  the  vicinage  :  that  he  cannot  be  compelled  to 

[  give  evidence  againil  himfelf ;  nor  can  he  be  deprived  of  his 
life,  liberty,  or  property,  unlefs  by  the  judgment  of  his  peeis, 

!  or  the  law  of  the  land. 

X.  That  no  perfon  fhall,  for  any  indictable  offence,  be 
proceeded  againft  criminally  by  information,  except  in  cafes 
arifing  in  the  land  or  naval  forces,  or  in  the  militia  when  in 
aftual  fervice,  in  time  of  war  or  public  danger,  or,  by  leave 
of  t  ie  court,  for  oppreffion  and  mifdemeanor  in  office.  No 
perfon  fhall,  for  the  fame  offence,  be  twice  put  in  jeopardy  of 
life  or  limb  ;  nor  fhall  any  man’s  property  be  taken  or  applied 
to  public  ufe,  without  the  content  of  his  Reprcfentaiivcs, 
and  without  juft  compenfation  being  made. 

XI.  That  all  courts  fhall  be  open  ;  and  every  man  for  an 
injury  done  him  in  his  lands,  goods,  perfon,  or  reputation, 

j  lhall  have  remedy  by  the  due  courfe  of  law,  and  right  and 
I  juftice  adminiftered  without  fale,  denial,  or  delay.  Suits  may 
be  brought  againft  the  commonwealth  in  fuck  manner,  iu 


CONSTITUTION  OT 


ii  6 

fuch  courts,  and  in  fuch  cafes,  as  the  Legiflature  may,  by 
law,  direft. 

XII.  That  no  power  of  fufperiding  laws,  fhall  be  exercifed 
unlefs  by  the  Legiflature,  or  its  authority. 

XIII.  That  excefiive  bail  fhall  not  be  required,  nor  ex- 
ceflive  fines  impofed,  nor  cruel  punifhments  inflicted. 

XIV.  That  all  prifoners  fhall  be  bailable  by  fufficient  fure- 
ties,  unlefs  for  capital  offences,  when  the  proof  is  evident, 
cr  prefumption  great ;  and  the  privilege  of  the  writ  of  habeas 
corpus  fhall  not  be  fufpended,  unlefs  when,  in  cafes  of  re¬ 
bellion  or  invafion,  the  public  fafety  may  require  it. 

XV.  That  no  commiffion  of  oyer  and  terminer  or  jail 
delivery  fhall  be  iflued. 

XVI.  That  the  perfon  of  a  debtor,  where  there  is  not 
flrong  prefumption  of  fraud,  fhall  not  be  continued  in  pri- 
fon,  after  delivering  up  his  eflate  for  the  benefit  of  his  cre¬ 
ditors,  in  fuch  manner  as  fhall  be  preferibed  by  law. 

XVII.  That  no  ex  peft  fatto  law,  nor  any  law  impairing 
contracts,  fhall  be  made. 

XVIII.  That  HP  perfon  fhall  be  attainted  of  treafon  or 
felony  by  the  Legiflature. 

XIX.  That  no  attainder  fhall  work  corruption  of  blood, 
nor  except  during  the  life  of  the  offender,  forfeiture  of  ellate, 
to  the  commonwealth  :  that  the  eflates  of  fuch  perfons,  as 
jhall  deftroy  their  own  lives,  fhall  defeend  or  veft  as  in  cafe 
of  natural  death  :  and  if  any  perfon  fhall  be  killed  by  cafu- 
alty,  there  fhall  be  no  forfeiture  by  reafon  thereof. 

XX.  That  the  citizens  have  a  right,  in  a  peaceable  man- 
tier,  to  affemble  together  for  their  common  good,  and  to  ap¬ 
ply  to  thofe  in  veiled  with  the  powers  of  government,  for  re- 
drefs  of  grievances,  or  other  proper  purpofes,  by  petition, 
add  refs,  or  remonftrance. 

XXI.  That  the  right  of  the  citizens  to  bear  arms,  in  de¬ 
fence  of  themfelves  ar.d  the  date,  fhall  not  be  queftioned. 

XXII.  That  no  flanding  army  fhall,  in  time  of  peace,  be 
kept  up,  without  the  confcnt  of  the  Legiflature  ;  and  the 
military  {hall,  in  all  cafes,  and  at  all  times,  be  in  ftriilfub- 
erd ination  to  the  civil  power. 

XXIIL  That  no  fqidicr  fhall,  in  time  of  peace,  be  qua^ 


PENNSYLVANIA. 


1 1 7 


tered  in  any  Iioufe,  without  the  confent  of  the  owner,  nor, 
in  time  of  war,  but  in  a  manner  to  be  prefcribed  by  law. 

XXIV.  That  the  Legihature  (hall  not  grant  any  tide  of 
nobility  or  hereditary  diftinbtion,  nor  create  any  cilice,  the 
appointment  to  which  fhall  be  for  a  longer  term  than  during 
good  behaviour. 

XXV.  That  emigration  from  the  Hate  (hall  not  be  prohi¬ 
bited. 

XXVI.  To  guard  againft  tranfgreffions  of  the  high  pow¬ 
ers  which  we  have  delegated,  WE  DECLARE,  That  every 
thing  in  this  article,  is  excepted  out  of  the  general  povv  ers  of 
government,  and  fhall  forever  .remain  inviolate. 

SCHEDULE. 

That  no  Inconvenience  may  anfe  from  the  alterations  and  amend¬ 
ments  in  the  Confitution  of  this  Commonwealth ,  and  in  order 

to  carry  the  fame  into  complete  ope  ration ,  it  is  hereby  declared 

and  ordained , — 

I.  THAT  all  laws  of  this  commonwealth,  in  force  at  the 
time  of  making  the  faid  alterations  and  amendments  in  the 
faid  conftitution,  and  not  inconfillent  therewith,  and  all 
rights,  actions,  profecutions,  claims  and  contracts,  as  well  of 
individuals,  as  of  bodies  corporate,  fhall  continue  as  if  the 
faid  alterations  and  amendments  had  not  been  made, 

II,  That  the  Prefident  and  Supreme  Executive  Council 
fhall  continue  to  exercife  the  executive  authority  of  this  com¬ 
monwealth,  as  heretofore,  until  the  third  Tuefday  of  De¬ 
cember  next  :  but  no  intermediate  vacancies  in  the  Council 
fhall  be  fupplied  by  new  elections. 

III.  That  all  officers,  in  the  appointment  of  the  execu¬ 
tive  department,  fliall  continue  in  the  exercife  of  the  duties 
of  their  refpedtive  offices,  until  the  firft  day  of  Septem¬ 
ber  one  thoufand  feven  hundred  and  ninety-one — unlefs 
their  commiffions  fhall  fooner  expire  by  their  own  limita¬ 
tions,  or  the  faid  offices  become  vacant  by  death  or  refigna- 
tion — and  no  longer,  unlefs  re-appointed  and  commiffioned  by 
the  Governor,  except  that  the  Judges  of  the  Supreme  Court 
fhall  hold  their  offices  for  the  terms  in  their  commiffions  re- 
fpedtively  expreffed. 

IV,  That  juilice  fhall  be  adminiftered  in  the  feveral  coun- 


CONSTITUTION  0? 


u  S 

ties  of  this  (late,  until  the  period  afarefaid,  by  the  fame  Jut - 
tices,  in  the  fame  courts,  and  in  the  fame  mariner*  as  here¬ 
tofore. 

V.  That  no  perfon,  now  in  comraiffion  as  Sheriff,  fnall 
be  eligible  at  the  next  election,  for  a  longer  term  than  will, 
with  the  time,  which  he  {hall  have  ferved  in  the  faid  office, 
complete  the  term  of  three  years. 

VI.  That,  until  the  firft:  enumeration  fnall  he  made,  as  di- 
redded  in  the  fourth  fedion  of  the  firft  article  of  the  confti- 
tution,  eftablifhed  by  this  Convention,  the  city  of  Philadel¬ 
phia  and  the  feveral  counties  fflall  be  refpeddively  entitled  to 
eled  the  fame  number  of  R.enrefcntatives,  as  is  now  prefcribsd 
by  lawt 

VII.  That  the  firft  Senate  fnall  confift  of  eighteen  mem- 
bers,  to  be  chofen  in  diftrids,  formed  as  follows,  to  wit  :  The 
city  of  Philadelphia  and  t he  counties  of  Philadelphia  and 
Delaware  fnall  be  a  diftrid,  and  eled  three  Senators  :  the 
county  of  Chefter  fhail  be  a  diftrid,  and  {hall  eledd  cne  Senator: 
the  county  of  Bucks  fhail  be  a  diftrid,  and  (hall  eled  one  Se¬ 
nator  :  the  county  of  Montgomery  fhail  be  a  diftrid,  2 t;d 
fhail  eled  one  Senator :  the  county  of  Northampton  fhail  be 
a  diftrid,  and  fhail  cleft  one  Senator  :  the  counties  of  Lan¬ 
caster  and  York  fhail  be  a  diftrid,  and  ffiall  eled  three  Sena¬ 
tors  :  the  counties  of  Berks  and  Dauphin  fhail  be  a  diftrid, 
and  fhail  elect  two  Senators :  the  counties  of  Cumberland 
and  Mifflin  fhail  be  a  d  iff  rich,  and  fhail  eledd  one  Senator: 
the  counties  of  Northumberland,  Luzerne  and  Huntingdon, 
fhail  be  a  diftridd,  and  fnall  eled  one  Senator  :  the  counties 
■of  Bedford  and  Franklin  fhail  be  a  diftridd,  and  fhail  eled  one 
Senator :  the  counties  of  Weft  morel  and  and  Alleghany  fhail 
be  a  diftrid,  and  fhali  eled  one  Senator  :  and  the  counties  of 
Waffling  ton  and  Fayette  fhail  be  a  diftrid,  and  fit  a  i  I  eled  two 
Senators  :  which  Senators  fflall  ferve  until  the  firft  enume¬ 
ration  before  mentioned  fit  all  be  made,  and  tke  reprefentation 
in  both  Houfes  of  the  Legiflature  fflall  be  eftabliffled  by  law, 
and  c-hofen  as  in  the  conftitution  is  direded.  Any  vacancies, 
which  fflall  happen  in  the  Senate,  within  the  faid  time,  fflall 
be  fuppiied  as  preferibed  in  the  nineteenth  fedion  of  the  firft 
article. 

VIII.  That  the  eledions  of  Senators  fnall  be  concluded, 
jnd  the  returns  thereof  made,  to  the  Senate,  in  the  fame  man- 


PENNSYLVANIA. 


i  ig 

■  tier  as  is  prefcribed  by  the  eletfion  laws  of  the  (late  for  con¬ 
ducing  and  making  return  of  the  eleCion  of  Reprefentatives. 
In  thole  dilhiCs,  which  confift  of  more  than  one  county, 
the  judges  of  the  difttiC-eleCions  within  each  county,  after 
having  formed  a  return  of  the  whole  election  within  that 
<cotrnty,  in  fuch  manner  as  is  directed  by  law,  fhall  fend  the 
fame,  by  one  or  more  of  their  number,  to  the  place  herein¬ 
after  mentioned  within  the  diftriC,  of  which  fuch  county  is 
a  part,  where  the  judges,  fo  met,  (ball  compare  and  caff  up 
the  feveral  county  returns,  and  execute,  under  their  hands 
and  feals,  one  general  and  true  return  for  the  whole  diftriC  ; 
t ha t  is  to  fay,  the  judges  of  the  diftriC  cornpofed  of  the 
city  of  Philadelphia,  and  the  counties  of  Philadelphia  and 
Delaware,  fhall  meet  in  the  State-houfe  in  the  city  of  Phi¬ 
ladelphia  ;  the  judges  of  the  diftriC  cornpofed  of  the  coun- 

!  ties  of  Lancafter  and  York,  fhall  meet  at  the  Court-houfe, 
in  the  county  of  Lancaller ;  the  Judges  of  the  diftrift  com- 
.  pofed  of  the  counties  of  Berks  and  Dauphin,  {hall  meet  at 

I  Middletown,  in  the  county  of  Berks  ;  the  judges  of  the 
diftridl  cornpofed  of  the  counties  of  Cumberland  and  Mif¬ 
flin,  fhall  meet  in  Greenwood  townlhip,  county  of  Cumber¬ 
land,  at  the  houfe  now  occupied  by  David  Miller;  the 
judges  of  the  diflri<ffc  cornpofed  of  the  counties  of  Northum¬ 
berland,  Luzerne,  and  Huntingdon,  fhall  meet  in  the  town 
of  Sunbury  ;  the  judges  of  the  diftrift  cornpofed  of  the 
counties  of  Bedford  and  Franklin,  fhall  meet  at  the  houfe 
now  occupied  by  John  Dickey,  in  Air  townfhip,  Bedford 
county  ;  the  judges  of  the  diftrift  cornpofed  of  the  counties 
of  Weftmoreland  and  Alleghany,  fhall  meet  in  Weftmore- 
land  county,  at  the  Court-houfe  in  the  town  of  Greenf- 
Lorough  ;  and  the  judges  of  the  diftrift  cornpofed  of  the 
counties  of  Wafhington  and  Fayette,  fhall  meet  at  the  Court- 
houfe  in  the  town  of  Wafhington,  in  Wafhington  county, 
on  the  third  Tuefday  in  October  refpe&ively,  for  the  pur- 
pofes  aforefaid. 

IX.  That  the  election  of  the  Governor  fhall  be  conducted 
in  the  feveral  counties,  in  the  manner  prefcribed  by  the  laws 
of  the  ftate  for  the  election  of  Reprefentatives  :  and  the  re¬ 
turns  in  each  county  fhall  be  fealed  by  the  judges  of  the  elec¬ 
tions,  and  tranfmitted  to  the  Prefident  of  the  Supreme  Exe- 


CONSTITUTION,  &c. 


i  20 

cutive  Council,  directed  to  the  Speaker  of  the  Senate,  as 
foon  after  the  eie&ion  as  may  be. 

Done  in  Convention,  the  fecond  day  of  September,  in 
the  year  of  our  Lord  one  thoufand  feven  hundred  and 
ninety,  and  of  the  independence  of  the  United  States 
of  America,  the  fifteenth.  In  teftimony  whereof 
we  have  hereunto  fubfcribed  our  names. 

THOMAS  MIFFLIN,  P  re  ft  dent. 


James  Wilfon, 

Paul  Grofcop, 

Hilary  Baker, 

Baltzer  Gehr, 

William  Lewis, 

Samuel  Sitgreaves, 

Thomas  M‘Kean, 

John  Arndt, 

George  Gray, 

Peter  Rhoads, 

William  Robinfon,  junior, 

Jofeph  Powell, 

Robert  Hare, 

John  Piper, 

Enoch  Edward1?, 

Charles  Smith, 

Samuel  Ogden* 

Simon  Snvder, 

Thomas  Jenks, 

William  Findley, 

John  Barclay, 

William  Todd, 

Abraham  Stour, 

Alexander  Addifon, 

William  Gibbons, 

John  Hoge, 

Thomas  Bull, 

David  Redick, 

James  Boyd, 

James  Rofs, 

Edward  Hand, 

John  Smilie, 

Robert  Coleman, 

Albert  Gallatin, 

Sebailian  Grafr, 

James  M‘Lene, 

John  Hubly, 

George  Matthews 

John  Breckbill, 

James  Morris, 

Henry  Miller, 

Lindfay  Coates, 

Henry  Slegle, 

Jonathan  Shoemaker, 

William  Reed, 

John  Glon'.nger, 

Benjamin  Tyfon, 

William  Brown, 

Benjamin  Pedan, 

Alexander  Graydon, 

Matthew  Dill, 

Timothy  Pickering, 

William  Irvine, 

Andrew  Henderfon, 

James  Power, 

John  Gibfon, 

Jofeph  Heifter, 

Thomas  Beale, 

Chriftian  Lower, 

John  Sellers, 

Abraham  Lincoln, 

Nathaniel  Newlin* 

Atteji,  Jofeph  Redman,  Secretary, 
Jacob  Shalius,  AJJijiant  Secretary, 


(  121  ) 

DELAWARE. 


The  CONSTITUTION  of  the  State  of  Delaware. 

IV E}  the  People ,  hereby  ordain  and  efablrjh  this  Conjhiutlon  of 
Government  for  the  State  of  Delaware. 

rT™'HROUGH  divine  gocdnefs,  all  men  have  by  nature,  the 
1-  rights  of  vvorfhipping  and  lerving  their  Creator  accord¬ 
ing  to  the  didates  of  their  conferences,  of  enjoying  and  de¬ 
fending  life  and  liberty,  of  acquiring  and  protecting  reputa¬ 
tion  and  property,  and  in  general  of  attaining  objects  fuitable 
to  their  condition,  without  injury  by  one  to  another  ;  and  as 
thefe  rights  are  eflential  to  their  welfare,  for  the  due  exercife 
thereof,  power  is  inherent  in  them  ;  and  therefore  all  juft  au¬ 
thority  in  the  inflitutions  of  political  fociety  is  derived  from 
the  people,  and  eftablifhed  with  their  confent,  to  advance  their 
happinefs  :  and  they  may  for  this  end,  as  circumftances 
require,  from  time  to  time,  alter  their  conflitution  of  govern¬ 
ment. 

ARTICLE  I. 

Section  i.  Although  it  is  the  duty  of  all  men  frequently 
to  affemble  together  for  the  public  worfhipof  the  Author  of 
the  univerfe,  and  piety  and  morality,  on  which  the  profperity 
of  communities  depends,  are  thereby  promoted  ;  yet  no  man 
{hall  or  ought  to  be  compelled  to  attend  any  religious  worfhip, 
to  contribute  to  the  erection  or  fupport  of  any  place  of  wor¬ 
fhip,  or  to  the  maintenance  of  any  miniftry,  againft  his  own 
free  will  and  confent  ;  and  no  power  fhall  or  ought  to  be 
veiled  in  or  affumed  by  any  magiflrate,  that  fhall  in  any  cafe 
interfere  with,  or  in  any  manner  control  the  rights  of  con- 
feience,  in  the  free  exercife  of  religious  worihip,  nor  a  pre¬ 
ference  given  by  law  to  any  leiigious  focieties,  denominations, 
or  modes  of  worfhip. 

Sect.  2.  No  religious  teft  fhall  be  required  as  a  qualifi¬ 
cation  to  any  office,  or  public  truft,  under  this  ftate. 

Sect.  3.  All  elections  fhall  be  free  and  equal. 

Sect.  4.  Trial  by  jury  fhall  be  as  heretofore. 

Sect.  5.  The  prefs  fhall  be  free  to  every  citizen,  who 
undertakes  to  examine  the  official  conduct  of  men  acting  in  a 
public  capacity  ;  and  any  citizen  may  print  ^on  any  fubjeft, 


I 


I  It 


CONSTITUTION  OT 


!  Sue 


being  refponfible  for  the  abufe  of  that  liberty.  In  profecu-, 
tions  for  publications,  inveiligating  the  proceedings  of  officers,, 
or  where  the  matter  publifhed  is  proper  for  public  inform- 
atien,  the  truth  thereof  may  be  given  in  evidence  :  And  in®1 
all  indictments  for  libels  the  jury  may  determine  the  fadts 
and  the  law,  as  in  other  cafes. 

Sect.  6.  The  people  fhall  be  fecure  in  their  perfons, 


ice 

M 


houfes,  papers,  and  pofieffions,  from  unreafonable  fearches  and 


3 


Si1 


t  y  i  '  i.  c 

feizures  ;  and  no  warrant  to  fearch  any  place,  or  to  feize  any 
perfon  or  things,  fhall  iffue  without  defending  them  as  parti-  r 
cularly  as  may  be  ;  nor  then,  unlefs  there  be  probable  caufe  f J 
fupported  by  oath  or  affirmation. 

Sect.  7.  In  all  criminal  profecutions,  the  accufed  hath  a 
right  to  be  heard  by  himfelf  and  his  counfel,  to  be  plainly 
and  fully  informed  of  the  nature  and  caufe  of  the  accufation  . 
againfl  him,  to  meet  the  witneifes  in  their  examination  face 
to  face,  to  have  cornpulf  try  proeefs  in  due  time,  on  applica¬ 
tion  by  himfelf,  his  friends  or  counfel,  for  obtaining  witnefles 
in  his  favour,  and  a  fpeedy  and  public  trial  by  an  impartial 
jury  :  "^JllHhall  not  be  compelled  to  give  evidence  again!! 
himfelf ;  no>  fhall  be  deprived  of  life,  liberty,  or  pro¬ 
perty,  urufell  by  the  judgment  of  his  peers,  or  the  law  of  the 
lai_ _ 

to  perfon  fhall  for  any  indiflable  offence  be 
proceeded' againfl  criminally  by  information,  except  in  cafes 
arifing  in  the  land  or  naval  forces,  or  in  the  militia  when  in 
aftual  fervice  in  time  of  war  or  public  danger  ;  and  no  perfon 
ihall  be  for  the  fame  offence  twice  put  in  jeopardy  of  life  or 
limb  ;  nor  fhall  any  man’s  property  be  taken  or  applied  to 
public  ufe,  without  the  confent  of  his  reprefen tatives,  and 
without  compenfation  being  made. 

Sect.  9.  All  courts  fhall  be  open;  and  every  man  for 
>an  injury  done  him  in  his  reputation,  perfor,  moveable  or 
*  immoveable  pofieffions,  fhall  have  remedy  by  the  due  courfe 
of  law,  and  juftice  adminiftered  according  to  the  very  right 
of  the  caufe,  and  the  law  of  the  land,  without  fale,  denial,  or 
unreafonable  delay  or  expenfe;  and  every  action  fhall  be  tried 
in  the  county  in  which  it  fhall  be  commenced,  unlefs  when 
the  Judges  of  the  court  in  which  the  caufe  is  to  be  tried,  fhall 
determine  that  an  impartial  trial  therefore  cannot  be  had  in 
that  county.  Suits  may  be  brought  againfl  the  ft  ate,  accord¬ 
ing  to  fuch  regulations  as  fhall  be  made  by  law. 


DELAWARE.  J2 ~ 

Sect.  io.  No  power  cf  fufpending  laws  fhall  be  exercifed, 
it  by  authority  of  the  Legiflatare. 

Sect.  it.  Exceffive  bail  fhall  not  be  required,  nor  ex- 
ffive  fines  impofed,  nor  cruel  punifhments  inflicted:  And  in 
e  conftru&ion  of  gaols,  a  proper  regard  fhall  be  had  to  the 
•alth  of  prifoners. 

Sect.  12.  All  prifoners  fhall  be  bailable  by  fufficient 
reties,  unlefs  for  capital  offences  when  the  proof  is  pofitive 
the  prefumption  great ;  and  when  perfons  are  confined  on 
cufation  for  fuch  offences,  their  friends  and  counfel  may  at 
oper  feafons  have  accefs  to  them. 

Sect.  13.  The  privilege  of  the  writ  of  habeas  corpus 
all  not  be  fufpended,  unlefs  when  in  cafes  of  rebellion  or 
vafion,  the  public  fafety  may  require  it. 

Sect.  14.  No  commiffion  of  oyer  and  terminer  or  gaol 
livery  fhall  be  iffued. 

Sect.  13.  No  attainder  fhall  work  corruption  of  blood, 
r  except  during  the  life  of  the  offender,  forfeiture  of  eftate. 
he  eftates  of  thofe  whodeftroy  their  own  lives  fhall  defcend 
veft  as  in  cafe  of  natural  death,  and  if  any  perfon  be  killed 
accident,  no  forfeiture  fhall  be  thereby  incurred*. 

Sect.  16.  Although  difobedience  to  laws,  by  a  p^rt  of 
se  people,  upon  fuggeftions  of  impolicy  or  injuftic.e  in  them, 
nds  by  immediate  effect:  and  the  influence  of  example,  not 
Iy  to  endanger  the  public  welfare  and  fafety,  but  alfo  in 
i'vernments  of  a  republican  form,  contravenes  the  focial 
inciples  of  fuch  governments,  founded  on  common  confent 
r  common  good  ;  yet  the  citizens  have  a  right  in  an  orderly 
anner  to  meet  together,  and  to  apply  to  perfons  intruded 
i th  the  powers  of  government,  for  redrefs  of  grievances  or 
her  proper  purpofes,  by  petition,  remonftrance,  or  addrefs. 
Sect,  i  7.  No  Handing  army  fhall  be  kept  up  without  th£\ 
nfent  of  the  Legiflature  ;  and  the  military  fhall,  in  all 
(fes,  and  at  all  times,  be  in  flrid;  fubordination  to  the  civil 
jwer. 

•  Sect.  18.  No  foldier  fhall  in  time  of  peace  be  quartered 
|  any  houfe  without  the  confent  of  the  owner;  nor  in  time 
1  war,  but  by  a  civil  magiflrate,  in  a  manner  to  beprefcribed 
1  law. 

Sect.  19.  No  hereditary  diftinftion  fhall  be  granted,  nor 
?y  office  cxeated  orexercifed,  the  appointment  to  which  fhall 


124 


CONSTITUTION  OF 


be  for  a  longer  term  than  during  good  behaviour;  and  n© 
perfon  holding  any  office  under  this  Hate,  (hall  accept  of  any 
office,  or  title  of  any  kind  whatever,  from  any  king,  prince, 
or  foreign  ftate. 

We  declare ,  that  every  thing  in  this  article  is  referred  cut  of  the 

general  powers  of  Go  vernment  hei  cinafter  mentioned. 

ARTICLE  II, 

Section  r.  The  Legillative  power  of  this  ftate  fhall  be 
vefted  in  a  General  Aflembly,  which  Hi  all  confirt  of  a  Senate 
and  Houle  of  Reprefentatives. 

Sect.  2.  The  Reprefentatives  fhall  be  chofen  annually  by 
the  citizens  refiding  in  the  feveral  counties  refpedlively,  on 
the  lirrt  Tuefday  of  October. 

No  perfon  fhall  be  a  Reprefentative  who  (hall  not  have 
attained  to  the  age  of  twenty-four  years,  and  have  a  free¬ 
hold  in  the  county  in  which  he  fhall  be  chofen,  have  been  a 
citizen  and  inhabitant  of  the  ftate  three  years  next  preceding 
the  firft  meeting  of  the  Legiflature  after  his  eleHion,  and  the 
laft  year  of  that  term  an  inhabitant  of  the  county  in  which 
he  (hall  be  chofen,  unlefs  he  fhall  have  been  abfent  on  the 
public  bufmefs  of  the  United  States  or  of  this  ftate. 

There  fhall  be  feven  Pveprefentatives  chofen  in  each  county, 
until  a  greater  number  of  Reprefentatives  fhall  b.y  the  Gene¬ 
ral  Aflembly  be  judged  neceflary ;  and  then,  two-thirds  of 
each  branch  of  the  Legiflature  concurring,  they  may  by  law 
make  proviflon  for  increafing  their  number. 

Sect.  3.  The  Senators  fhall  be  chofen  for  three  years  by 
the  citizens  refiding  in  the  feveral  counties  refpettively,  hav¬ 
ing  right  to  vote  for  Reprefentatives,  at  the  fame  time  when 
they  {hall  vote  for  Reprefentatives,  in  the  fame  manner,  and 
at  the  fame  places. 

No  perfon  {hall  be  a  Senator  who  fhall  not  have  attained 
to  the  age  of  twenty-feven  years,  and  have  in  the  county  in 
which  he  fhall  be  chofen,  a  freehold  eft  ate  in  two  hundred 
acres  of  land,  or  an  eftate  in  real  and  perfonal  property,  or  in 
either,  of  the  value  of  one  thoufand  pounds  at  leaft,  and  have 
been  a  citizen  and  inhabitant  of  the  ftate  three  years  next  pre¬ 
ceding  the  firft  meeting  of  the  Legiflature  after  his  election, 
and  the  laft  year  of  that  term  an  inhabitant  of  the  county  in 


DELAWARE. 


I2jf 


IV Inch  he  fhall  be  chofen,  unlefs  he  fhall  have  been  abfent  on 
the  public  bufinefs  of  the  United  States  or  of  this  ftate. 

There  fhall  be  three  Senators  chofen  in  each  county.  When 
a  greater  number  of  Senators  fhall  by  the  General  Aflembly 
be  judged  neceffary,  two-thirds  of  each  branch  concurring, 
they  may  by  law  make  provifion  for  increasing  their  number; 
but  the  number  of  Senators  fhall  never  be  greater  than  one- 
half,  norlefs  than  one-third  of  the  number  of  Representatives. 

Immediately  after  the  Senators  fliail  be  affembled  in  con- 
fequence  of  the  firft  eleftion,  the  Senators  reSding  in  each 
county  fhall  be  divided  by  lot  into  three  claffes.  The  feats 
of  the  Senators  of  the  firft  clafs  fhall  be  vacated  at  the  expi¬ 
ration  of  the  firft  year ;  of  the  fecond  clafs  at  the  expiration 
of  the  fecond  year  ;  and  of  the  third  clafs  at  the  expiration 
of  the  third  year  ;  fo  that  one-third  may  be  chofen  every 
vear. 

9 

Sect.  4.  The  General  Afifembly  fhall  meet  on  the  firft 
Tuefday  of  January  in  every  year,  unlefs  fooner  convened  by 
the  Governor, 

Sect.  5.  Each  Houfe  fhall  choofe  its  Speaker  and  other 
officers  ;  and  alfo  each  Houfe,  whofe  Speaker  fhall  exercife 
the  office  of  Governor,  may  choofe  a  Speaker  pro  tempore . 

Sect.  6.  Each  Houfe  fhall  judge  of  the  elections,  returns, 
and  qualifications  of  its  own  members ;  and  a  majority  of 
each  lhall  conftitute  a  quorum  to  do  bufinefs  ;  but  a  fmaller 
number  may  adjourn  from  day  to  day,  and  fhall  be  authoriz¬ 
ed  to  compel  the  attendance  of  abfent  members,  in  fuch  man¬ 
ner,  and  under  fuch  penalties,  as  fhall  be  deemed  expedient. 

Sect.  7.  Each  Houfe  may  determine  the  rules  of  its 
proceedings,  punifh  any  of  its  members  for  diforderly  beha¬ 
viour,  and  with  the  concurrence  of  two-thirds,  expel  a  mem¬ 
ber  ;  and  fhall  have  all  other  powers  neceffary  for  a  branch  of 
the  Legiflature  of  a  free  and  independent  ftate. 

Sect.  8.  Each  Houfe  fhall  keep  a  journal  of  its  proceed¬ 
ings,  and  pubiifh  them  immediately  after  every  feffion, 
except  fuch  parts  as  may  require  fecrecy  ;  and  the  yeas  and 
nays  of  the  members  on  any  queftion,  fhall  at  the  defire  of 
any  member,  be  entered  on  the  journal. 

Sect.  9.  The  doors  of  each  Houfe,  and  of  committees 
of  the  whole,  fhall  be  open,  unlefs  when  the  bufinefs  is  fuch 
as  ought  to  be  kept  fecret. 


M 


jz6 


CONSTITUTION  OF 


Sect.  io.  Neither  Houfe  fhall,  without  the  confent  of 
the  other,  adjourn  for  more  than  three  days,  nor  to  any 
other  place  than  that  in  which  the  two  Houfes  fliall  be 
fitting. 

Sect,  i  i  .  The  Senators  and  Reprefentatives  fhall  receive 
a  compenfaticn  for  their  fervices,  to  be  afeertained  by  law, 
and  paid  out  of  the  treafury  of  the  hate  ;  but  no  law  vary¬ 
ing  the  compenfation  (hall  take  effeft,  till  an  eleflion  of 
Reprefentatives  fliall  have  intervened.  They  fhall  in  all  cafes, 
except  treafon,  felony  or  breach  of  the  peace,  be  privileged 
from  arreft  during  their  attendance  at  the  feffion  of  their 
refpeflive  Houfes,  and  in  going  to  and  returning  from  the 
fame  ;  and  for  any  fpeech  or  debate  in  either  Houfe,  they 
fliall  not  be  queftioned  in  any  other  place. 

Sect.  12.  No  Senator  nor  Reprefentati ve  fliall,  during 
the  time  for  which  he  fliall  have  been  elected,  be  appointed 
to  any  civil  office  under  this  ftate,  which  fliall  have  been 
created,  or  the  emoluments  of  which  fhall  have  been  increafed 
♦luring  fuch  time.  No  perfon  concerned  in  any  army  or  navy' 
contrafl,  no  member  of  Congrefs,  nor  any  perfon  holding 
any  office  under  this  ftate,  or  the  United  States,  except  the 
Attorney-General,  officers  ufually  appointed  by  the  courts  of 
juftice  refpeflively,  attornies  at  law,  and  officers  in  the  militia, 
holding  no  disqualifying  office,  fliall,  during  his  continuance 
in  Congrefs  or  in  office,  be  a  Senator  or  Reprefentative. 

Sect.  13.  When  vacancies  happen  in  either  Houfe, 
writs  of  eleflion  fliall  be  iflued  by  the  Speakers  refpeftively, 
or  in  cafes  of  neceffity,  in  fuch  other  manner  as  fhall  be  pro¬ 
vided  for  by  law  ;  and  the  perfons  thereupon  chofen  fliall 
hold  their  feats  as  long  as  thofe  in  whofe  ftead  they  are 
defied  might  have  done,  if  fuch  vacancies  had  not  happened. 

Sect.  14.  All  bills  for  raifing  revenue  fliall  originate  in 
the  Houfe  of  Reprefentatives  ;  but  the  Senate  may  propofe 
•alterations  as  on  other  bills  ;  and  no  bill,  from  the  operation  of 
which,  when  palled  into  a  law,  revenue  may  incidentally 
a  rife,  fliall  be  accounted  a  bill  for  raifing  revenue  ;  nor  fliall 
any  matter  or  claufe  whatever,  not  immediately  relating  to 
and  neceffary  for  raifing  revenue,  be  in  any  manner  blended 
with,  or  annexed  to,  a  bill  for  raifmp- revenue. 

Sett.  13.  No  money  fliall  be  drawn  from  the  treafury, 
but  in  confequence  of  appropriations  made  by  law  ;  and  a 


DELAWARE. 


127 

regular  statement  and  account  of  the  receipts  and  expendi¬ 
tures  of  all  public  money  fhall  be  publifhed  annually. 

ARTICLE  ILL 

Section  i.  The  Supreme  Executive  Powers  of  this 
date  Hi  a  1 1  be  veiled  in  a  Governor. 

Sect.  2.  The  Governor  (hall  be  chofen  on  the  firfl  Tuef- 
day  of  October,  by  the  citizens  of  the  (late  having  right  to 
vote  for  Reprefentatives,  in  the  counties  where  they  refpec- 
tively  refide,  at  the  places  wliere  they  fhall  vote  for  Reprefen¬ 
tatives, 

The  returns  of  every  election  for  Governor  (hall  be  fealed 
up,  and  immediately  delivered  by  the  returning  officers  of  the 
feveral  counties  to  the  Speaker  of  the  Senate,  or  in  cafe  of  his 
death,  to  the  Speaker  of  the  Houfe  of  Reprefentatives,  who 
fhall  keep  the  fame  until  a  Speaker  of  the  Senate  fhail  be 
appointed,  to  whom  they  fhall  be  immediately  delivered  after 
his  appointment,  who  Hi  all  open  and  publifh  the  fame  in  the 
prefence  of  the  members  of  both  Houles  of  the  Legifiature. 
Duplicates  of  the  faid  returns  (hall  alfo  be  immmediateiy 
lodged  with  the  Prothonotary  of  each  county.  The  perfon 
bavin?  the  higheft  number  of  votes  diall  be  Governor  :  But, 
if  two  or  more  (hall  he  equal  in  the  higheft  number  of  votes, 
the  members  of  the  two  Houfes  dial!,  by  joint  ballot,  choofe 
one  of  them  to  be  Governor  ;  and  if  upon  fuch  ballot,  tw  > 
or  more  of  them  fnall  dill  be  equal  and  higheft  in  votes,  the 
Speaker  of  the  Senate  fhall  have  an  additional  calling  vote. 

Contefted  elections  of  a  Governor  (hall  be  determined  by  a 
joint  committee,  confiding  of  one-third  of  all  the  members  of 
each  branch  of  the  Legiflature,  to  be  felefted  by  ballot  of  the 
Houfes  refpedlively  :  Every  perfon  of  the  committee  fhall 
take  an  oath  or  affirmation,  that  in  determining  the  faid  elec¬ 
tion,  he  will  faithfully  di (charge  the  truft  repofed  in  him  ; 
and  the  committee  (hall  always  fit  with  open  doors. 

Sect.  2.  The  Governor  (hall  hold  his  office  during  three 
years  from  the  third  Tuefday  of  January  next  enfuing  his 
ele&ion  ;  and  (hall  not  be  capable  of  holding  it  longer  than 
three  in  any  term  of  fix  years. 

Sect.  4.  He  fhall  be  at  lead  thirty  years  of  age,  and 
have  been  a  citizen  and  inhabitant  of  the  United  States 
twelve  years  next  before  the  firft  meeting  of  the  Legiflature 


12$ 


CONSTITUTION  OF 


after  his  election,  and  the  lad  fix  of  that  term  an  inhabitant 
of  this  date,  unlefs  he  fhall  have  been  abfent  on  the  public 
bufinefs  of  the  United  States  or  of  this  date. 

Sect.  7.  No  member  of  Congrefs,  nor  perfon  holding 
any  office  under  the  United  States  or  this  date,  fhall  cxercife 
the  office  of  Governor. 

Sect.  6.  The  Governor  fhall  at  dated  times  receive  for 
his  fervices  an  adequate  falary,  to  be  fixed  by  law,  which 
fhall  be  neither  increafed  nor  diminifhed  during  the  period  for 
w  hich  he  fhall  have  been  defied. 

Sect.  7.  He  fhall  be  commander  in  chief  of  the  army 
and  navy  of  this  date,  and  of  the  militia  ;  except  when  they 
fhall  be  called  into  the  fervice  of  the  United  States. 

Sect.  8.  He  fhall  appoint  all  officers  whofe  offices  are 
edablifhed  by  this  conditution,  or  fliall  be  edablifhed  by  law, 
and  whofe  appointments  are  not  herein  otherwife  provided  for; 
but  no  perfon  fhall  be  appointed  to  an  office  within  a  county, 
who  fhall  not  have  a  right  to  rote  for  Repiefentatives,  and 
have  been  an  inhabitant  therein  one  year  next  before  his 
appointment,  nor  hold  the  office  longer  than  he  continues  to 
redde  in  the  county.  No  member  of  Congrefs,  nor  any  perfon 
hoidingor  exercifing  any  office  under  the  United  States,  fhall 
at  the  fame  time  hold  or  exercife  the  office  of  Judge,  Trea¬ 
surer,  Attorney-General,  Secretary,  Clerk  of  the  Supreme 
Court,  Prothonotary,  Regider  for  the  probate  of  wills  and 
granting  letters  of  adminiftration,  Recorder,  Sheriff,  or  any 
office  under  this  date  with  a  falary  by  law  annexed  to  it,  or 
any  other  office  which  the  Legislature  fhall  declare  incompa¬ 
tible  with  offices  or  appointments  under  the  United  States. 
No  perfon  fliall  hold  more  than  one  of  the  following  offices 
at  the  fame  time,  to  wit,  Treafurer,  Attorney-Genera], 
Clerk  of  the  Supreme  Court,  Prothonotary,  Regider,  or 
Sheriff.  All  commiffions  fhall  be  in  the  name  of  the  date, 
fliall  be  fealed  with  the  great  leal,  and  be  dgned  and  teded 
by  the  Governor. 

Sect.  9.  He  fhall  have  power  to  remit  fines  and  forfei¬ 
tures  ;  and  to  grant  reprieves  and  pardons,  except  in  cafes  of 
impeachment. 

Sect.  10.  He  may  require  information  in  writing  from 
the  officers  in  the  executive  department,  upon  any  fubjedf 
relating  to  the  duties  of  their  refpeftive  offices* 


DELAWARE. 


Sect,  i  i.  He  fhall  from  time  to  time  give  to  the  General 
Afiembly  information  of  affairs  concerning  the  ftate  ;  and 
recommend  to  their  confideration  fuch  meafures  as  he  fhall 
judge  expedient. 

Sect.  12.  He  may  on  extraordinary  occafions  convene 
the  General  Afiembly  ;  and  in  cafe  of  difagreement  between 
the  two  Houfes  with  refpebt  to  the  time  of  adjournment, 
adjourn  them  to  fuch  time  as  he  fhall  think  proper,  not 
exceeding  three  months. 

Sect.  13.  He  {hall  take  care  that  the  laws  be  faithfully 
executed. 

Sect.  14.  On  the  death  or  refignation  of  the  Governor, 
or  his  removal  from  office  on  impeachment,  or  for  inability, 
the  Speaker  of  the  Senate  at  that  time  fhall  exercife  the  office 
of  Governor,  until  a  new  Governor  (hall  be  duly  qualified  : 
and  on  the  death  or  refignation  cf  the  Speaker  of  the  Senate, 
the  Speaker  of  the  Houfe  of  Reprefentatives  at  that  time  fhall 
exercife  the  office,  until  it  be  regularly  veiled  in  a  new 
Governor.  If  the  trial  of  a  contehed  eleidion  fhall  continue 
longer  than  until  the  third  Tuefday  of  January  next  enfulng 
the  eleftionof  a  Governor,  the  Governor  of  the  laft  year,  or 
the  Speaker  of  the  Senate,  or  of  the  Houfe  of  Reprefentatives, 
who  may  then  be  in  the  exercife  of  the  executive  authority, 
fhall  continue  therein  until  a  determination  of  fuch  contefted 
ele&ion.  The  Governor  fhall  not  be  removed  from  his  office 
for  inability,  but  with  the  concurrence  of  two-thirds  of  all 
the  members  of  each  branch  of  the  Legiflature. 

Sect.  13.  A  Secretary  fhall  be  appointed  and  commif- 
fior.ed  during  the  Governor’s  continuance  in  office,  if  he 
fhall  fo  long  behave  himfelf  well.  He  fhall  keep  a  fair  regifler 
of  all  the  official  afts  and  proceedings  of  the  Governor ;  and 
fhall,  when  required  by  either  branch  of  the  Legiflature,  lay 
the  fame,  and  all  papers,  minutes,  and  vouchers,  relative 
thereto,  before  them  ;  and  (hall  perform  fuch  other  duties  as 
{hall  be  enjoined  him  by  law.  He  {hall  have  a  compenfation 
for  his  fer vices,  to  be  fixed  by  law. 

ARTICLE  IV. 

Section  i.  All  elections  of  Governor,  Senators,  and 
Reprefentatives,  {hall  be  by  ballot ;  and  in  fuch  elections 
every  white  freeman  of  the  age  of  twenty-one  years,  having 

M  2 


13  o 


CONSTITUTION  OF 


redded  in  the  Rate  two  years  next  before  the  election,  and 
within  that  time  paid  a  itare  or  county  tax,  which  fliall  have 
been  a  {felled  at  lead  fix  months  before  the  election,  (hall  enjoy 
the  right  of  an  elector  ;  and  the  fons  of  perfons  fo  qualified, 
fhalt  between  the  ages  of  twenty-one  and  twenty-two  years, 
be  entitled  to  vote,  although  they  fhall  not  have  paid  taxes. 

Sect.  2.  Electors  fhall  in  ali  cafes  except  treafon,  felony, 
or  breach  of  the  peace,  be  privileged  from  aired  during  their 
attendance  at  elections,  and  in  going  to,  and  returning  from 
them. 


ARTICLE  V. 

Section  r.  The  Houfe  of  Reprefentatives  fliall  have 
the  foie  power  of  impeaching  ;  but  two-thirds  of  all  the 
members  imift  concur  in  an  impeachment.  All  impeachments 
ihall  be  tried  by  the  Senate,  and  when  fitting  for  that  pur- 
pofe,  the  Senators  fhall  be  upon  oath  or  affirmation  to  do 
iuftice  according  to  the  evidence.  No  perfon  fhaii  be  con¬ 
victed  without  the  concurrence  of  two-thirds  of  all  the 
Senators. 

Sect.  2.  The  Governor,  and  all  other  civil  officers  under 
this  date,  fliall  be  liable  to  impeachment  for  treafon,  bribery, 
or  any  high  crime  or  mifdemeanor  in  office,  judgment  in  fuch 
cafes  fliall  not  extend  further  than  to  removal  from  office, 
and  difqualification  to  hold  any  office  of  honor,  trud  or  profit 
under  this  date;  but  the  party  convicted  fhall  neverthelefs 
be  fubjedt  to  indictment,  trial,  judgment  and  punifhment 
according  to  law. 

Sect.  4.  Treafon  againd  this  date  dial!  conflfl  only  in 
levying  war  againd  it,  or  in  adhering  to  the  enemies  of  the 
government,  giving  them  aid  and  comfort.  No  perfon  fhaii 
be  convicted  of  treafon,  unlefs  on  the  tedimony  of  two  wit- 
yiefles  to  the  fame  overt  ad,  or  on  confeffion  in  open  court. 

ARTICLE  VI. 

Section  i*  The  Judicial  Pouer  of  this  date  fliall  be 
vefled  in  a  Court  of  Chancery,  a  Supreme  Court,  and  Courts 
of  Over  and  Terminer  and  General  Gaol  Delivery,  in  a  Court 

j  * 

of  Common  Pleas,  and  in  an  Orphan’s  Court,  Regifler’s 
Court,  and  a  Court  of  Quarter  Seflions  of  the  Peace  for  each 
county,  in  Jufliees  of  the  Peace,  and  in  fuch  other  courts  as 


DELAWARE. 


the  Legiflature,  two-thirds  of  ail  the  members  of  each  branch 
concurring,  may  from  time  to  time  eltablifh. 

Sect.  2.  The  Chancellor,  and  the  Judges  of  the  Supreme 
Court  and  of  the  Court  of  Common  Pleas,  fhall  hold  their 
offices  during  good  behaviour;  but  for  any  reafonable  caufs 
which  fhall  not  be  a  fufficient  ground  for  an  impeachment, 
the  Governor  may  in  his  difcretion  remove  any  of  them,  on 
the  addrefs  of  two-thirds  of  all  the  members  of  each  branch 
of  the  Legiflature.  They  fhall  at  ftated  times  receive  for  their 
Services  adequate  falaries,  to  be  fixed  by  law,  which  Avail 
not  be  diminilhed  during  their  continuance  in  office,  and 
fhall  be  payable  quarterly  to  their  refpedtive  orders  upon  the 
Treafurer,  out  of  any  monies  in  the  treafury  ;  but  they  fhall 
hold  no  other  office  of  profit,  nor  receive  any  fees  or  peiqui- 
fites,  except  fuch  fees  as  fhall  be  Axed  by  law  for  bufinefs  to 
be  done  out  of  court. 

Sect.  3.  The  Judges  of  the  Supreme  Court  fhall  be  not 
fewer  than  three,  nor  more  than  four,  one  of  whom  fhall  be 
Chief  Juflice.  ri  here  fnall  be  a  Judge  ref  ding  in  each  county. 
The  jurisdiction  of  this  court  fhall  extend  over  the  fl  te. 
T  he  Judges  fhall  by  virtue  of  their  offices,  be  J indices  ol  Over 
and  Terminer  and  General  Gaol  Delivery  in  the  feverai  coun¬ 
ties.  Any  tw  o  of  the  Judges  may  act  as  if  all  w  ere  prefent. 

Sect.  4.  The  Judges  of  the  Court  of  Common  Pleas 
fhall  be  not  fewer  than  three,  nor  more  than  four,  one  of 
whom  fhall  be  Chief  Juflice.  There  Avail  be  a  Judge  redding 
in  each  county.  The  jurifdiCtion  of  this  Court  fhall  extend 
■over  the  Itate.  Any  two  of  the  Judges  may  act  as  if  all  were 
prefent. 

Sect.  5.  The  Chancellor,  cr  any  Judge  cf  the  Supreme 
Court  or  of  the  Court  of  Common  Pleas,  fhall  iflue  the  writ 
of  habeas  corpus  in  vacation  time  and  out  of  term,  when  duly 
applied  for,  which  Avail  be  immediately  obeyed. 

Sect.  6.  Any  Judge  of  the  Supreme  Court  or  of  the 
Court  of  Common  Pleas  may,  unlefs  the  Legiflature  Avail 
othervvife  provide  by  law,  out  of  court,  take  the  acknowledg¬ 
ment  of  deeds  ;  and  the  fame  being  thereon  certified,  unaer 
his  hand,  fuch  deeds  Avail  be  recorded  and  have  the  fame 
effect  as  if  acknowledged  in  open  court. 

Sect.  7.  In  civil  caufes  when  pending,  the  Supreme 
"Court  and  Court  of  Common  Pleas  Avail  have  the  power,  before 


CONSTITUTION  OF 


judgment,  of  direding  upon  fucli  terms  as  they  fhall  deeni 
reasonable,  amendments  in  pleadings  and  legal  proceedings, 
fo  that  by  error  in  any  of  them,  the  determination  of  caufes, 
according  to  their  real  merits,  (hall  not  be  hindered  ;  and  alfo 
of  directing  the  examination  of  witnefles  that  are  aged,  very 
infirm,  or  going  out  of  the  date,  upon  interrogatories  de  bene 
ejjey  to  be  read  in  evidence,  in  cafe  of  the  death  or  departure 
of  the  witneffes  before  the  trial,  or  inability  by  reafon  of  age, 
ficknefs,  bodily  infirmity  or  imprifonment,  then  to  attend; 
and  alfo  the  power  of  obtaining  evidence  from  places  not 
within  the  date. 

Sect,  8.  Suits  may  originate  in  the  Supreme  Court  or 
Court  of  Common  Pleas. 

Sect.  9.  One  Judge  of  the  Supreme  Court  or  of  the 
Court  of  Common  Pleas  may,  if  the  other  Judges  eome  not, 
open  and  adjourn  the  Court,  and  may  alfo  make  the  neceffary 
rules  preparatory  refpedively  to  the  trial  or  argument  of  caufes. 

Sect.  10.  At  any  time  pending  an  action  for  debt  or 
damages,  the  defendant  may  bring  into  court  afum  of  money 
for  difeharging  the  dime  and  the  cods  then  accrued,  and  the 
plaintiff  not  accepting  thereof,  it  (hall  be  delivered  for  his 
ufe  to  the  Clerk  or  Prothonotary  of  the  court ;  and  if  upon 
the  final  decifion  of  the  caufe,  the  plaintiff  111  a  1 1  not  recover  a 
greater  fum  than  that  fo  paid  into  court  for  him,  he  (hail  not 
recover  any  cods  accruing  after  fuch  payment,  except  where 
the  plaintiffis  an  executor  or  adminidrator. 

Sect.  ii.  By  the  death  of  any  party,  no  fuit  in  chancery 
or  at  law7,  where  the  caufe  of  adion  furvives,  fhall  abate  ; 
but,  until  the  Legidature  fhall  otherwife  provide,  fuggedion 
of  fuch  death  being  entered  of  record,  the  executor  or  admi¬ 
nidrator  of  a  deceafed  petitioner  or  plaintiff  may  profecute 
the  faid  fuit ;  and  if  a  refpondent  or  defendant  dies,  the  ex¬ 
ecutor  or  adminidrator  being  duly  ferved  with  a  Scire  Facias , 
thirty  days  before  the  return  thereof,  (hall  be  confidered  as  a 
party  to  the  fuit,  in  the  fame  manner  as  if  he  had  volunta¬ 
rily  made  himfelf  a  party  ;  and  in  any  of  thofe  cafes,  the 
court  fhall  pafs  a  decree,  or  render  judgment,  for  or  againd 
executors  or  adminidrators,  as  to  right  appertains.  But 
where  an  executor  or  adminidrator  of  a  deceafed  refpondent 
or  defendant  becomes  a  party,  the  court,  upon  motion,  fhall 
grant  fuch  a  continuance  of  the  caufe  as  to  the  Judges  (hall 
appear  proper. 


DELAWARE. 


*33 


Sect.  12.  Whenever  a  perfon,  not  being  an  executor  or 
adminiflrator,  appeals  from  a  decree  of  the  Chancellor  or  ap¬ 
plies  for  a  writ  of  error,  fuch  appeal  or  writ  fhall  be  no  flay 
of  proceeding  in  the  chancery,  or  the  court  to  which  the  writ 
iffues,  unlefs  the  appellant  or  plaintiff  in  error  flail  give  fuf- 
ficient  fecurity,  to  be  approved  refpeclivelv  by  the  Chancel¬ 
lor,  or  by  a  judge  of  the  court  from  which  the  writ  iffues, 
that  the  appellant  or  plaintiff  in  error  fhall  profecute  refpec- 
tively  his  appeal  or  writ  to  effect,  and  pay  the  condemnation 
money  and  all  coils,  or  otherwife  abide  the  decree  in  ap¬ 
peal  or  the  judgment  in  error,  if  he  fail  to  make  his  plea 
good. 

Sect.  13.  No  writ  of  error  fhall  be  brought  upon  any 
judgment  heretofore  confeffed,  entered  or  rendered,  but 
within  five  years  from  this  time  ;  nor  upon  any  judgment 
hereafter  to  be  confeffed,  entered  or  rendered,  but  within  five 
years  after  the  confefling,  entering,  or  rendering  thereof,  un¬ 
lefs  the  perfon  entitled  to  fuch  writ  be  an  infant,  feme  co¬ 
vert,  non  compos  menus,  or  a  prifoner,  and  then  within  five 
years  exclufive  of  the  time  of  fuch  difability. 

Sect.  14.  The  equity  jurifdidion  heretofore  exercifed 
by  the  Judges  of  the  Court  of  Common  Pleas,  {hall  be  fepa- 
rated  from  the  common  law  jurifdidiqn,  and  veiled  in  a 
Chancellor,  who  fhall  hold  Courts  of  Chancery  in  the  feve- 
ral  counties  of  this  (late.  In  cafes  of  equity  jurifdidion, 
where  the  Chancellor  is  interefled,  the  cognizance  thereof 
fhall  belong  to  the  Court  of  Common  Pleas,  with  an  appeal 
to  the  High  Court  of  Errors  and  Appeals. 

Sect.  13.  The  Judges  of  the  Court  of  Common  Pleas, 
or  any  two  of  them,  fhall  compofe  the  Orphans  Court  of 
each  county,  and  may  exercife  the  equity  jurifdidion  hereto¬ 
fore  exercifed  by  the  Orphans  Courts,  except  as  to  the  adjur¬ 
ing  and  fettling  executors,  adminiflrators  and  guardians  ac¬ 
counts  ;  in  which  cafes  they  fhall  have  an  appellate  jurifdic- 
tion  from  the  fentence  or  decree  of  the  Regilter.  This  court 
may  iffue  procefs  throughout  the  flate,  to  compel  the  attend¬ 
ance  of  witneffes.  Appeals  may  he  made  from  the  Orphans 
Court,  in  cafes  where  that  court  has  original  jurifdidion,  to 
the  Supreme  Court,  whofe  decifion  fnall  be  final. 

Sect.  16.  An  executor,  adminiflrator,  or  guardian,  fhall 
file  every  account  with  the  Regifler  for  the  ^county,  who 


CONSTITUTION  OF 


*54 

fhall,  as  foon  as  conveniently  may  be,  carefully  examine  tbe 
particulars  with  the  proof's  thereof,  in  the  prefence  of  fucli 
executor,  adminiftrator  or  guardian,  and  fh all  adjuft  and  fettle 
the  fame,  according  to  the  very  right  of  the  matter,  and  the 
law  of  the  land  ;  which  account  fo  fettled,  fhall  remain  in 
his  office  for  infpediion  ;  and  the  executor,  adminiflrator,  or 
guardian,  fhall  within  three  months  after  fuch  fettlemenr, 
give  due  notice  in  writing  to  all  perfons  entitled  to  (hares  of 
the  eftate,  or  to  their  guardians  refpedtively,  if  rending  with¬ 
in  the  (late,  that  the  account  is  lodged  in  the  faid  office  for 
infpedlion  ;  and  the  Judges  of  the  Orphan's  Court  fhall  hear 
the  exceptions  of  any  perfons  concerned,  if  any  be  made,  and 
thereupon  allow  no  demand  whatever  againfl  the  edate  of  the 
deceafed,  unlefs  upon  confideration  of  ail  circumdances,  they 
fhall  be  fully  convinced  that  the  fame  is  therewith  judly 
chargeable. 

Ssct.  17.  The  Regifters  of  the  feveral  counties  fhall 
refpeftively  hold  the  Reg-der’s  Court  in  each  county. 
Upon  the  litigation  of  a  caufe,  the  depofitions  of  the  witneffes 
examined,  fhall  be  taken  at  large  in  writing,  and  make  part 
of  the  proceedings  in  the  caufe.  This  court  may  iffue  pro- 
cefs  throughout  the  date,  to  compel  the  attendance  of  wit- 
tieffes.  Appeals  may  be  made  from  a  Regider's  Court  to  the 
Supreme  Court,  whofe  decifions  fhall  be  final.  In  cafes  where 
a  Regider  is  intereded  in  quedions  concerning  the  probate 
of  wills,  the  granting  letters  of  adminiftration,  or  executors, 
adminidrators,  or  guardians  accounts,  the  cognizance  there¬ 
of  fhall  belong  to  the  Orphan’s  Court,  with  an  appeal  to  the 
Supreme  Court,  whofe  decifion  fhall  be  final. 

Sect.  18.  The  Prothonotaries  of  the  Court  of  Common 
Pleas  may  iffue  procefs  as  heretofore,  take  recognizances  of 
bail,  and  fign  confeffions  of  judgment ;  and  the  Clerks  of 
the  Supreme  Court  fhall  have  the  like  powers.  No  judg¬ 
ment,  in  the  Supreme  Coart  or  Court  of  Common  Pleas,  held 
for  one  county,  fhall  bind  lands  or  tenements  in  another, 
until  a  tefiatum  fieri  facias  being  iflued,  fhall  be  entered  of 
record  in  the  office  of  the  Prothonotary  of  the  county  wherein 
the  lands  or  tenements  are  fituated. 

Sect.  19.  The  Judges  of  the  Court  of  Common  Pleas 
fhall,  by  virtue  of  their  offices,  compofe  the  Courts  of  Ge¬ 
neral  Quarter  Seffions  of  the  Peace  and  Gaol  Delivery  within 


DELAWARE. 


*35 

the  feveral  counties*  Any  two  of  the  faid  Judges  {hall  be  a 
quorum. 

Sect.  20.  The  Governor  {hall  appoint  a  competent  num¬ 
ber  of  perfons  to  the  office  of  Juftice  of  the  Peace,  not  ex¬ 
ceeding  twelve  in  each  county,  until  two-thirds  of  both 
Houfcs  of  the  Legiflature  fhali  by  law  direft  an  addition  to 
the  number,  who  fhali  be  commiffioned  for  feven  years,  if  fo 
long  they  fhali  behave  themfelves  well ;  but  may  be  removed 
by  the  Governor  within  that  time  on  conviction  of  mifbe- 
haviour  in  office,  or  on  the  addrefs  of  both  Houfes  of  the 
Legiflature. 

Sect.  21.  The  ftyle  in  all  procefs  and  public  aCts  fhali  be. 
The  State  of  Delaware.  Profecutions  fhali  be  carried 
on  in  the  name  of  the  ftate,  and  fhali  conclude  agaivf  the  peace 
end  dignity  of  the  fate, 

ARTICLE  VII. 

Section,  i.  There  fhali  be  a  court,  ftyled  The  High 
Court  of  Errors  and  Appeals ,  which  fhali  conftft  of  the  Chancellor 
I,  and  of  the  Judges  of  the  Supreme  Court  and  Court  of  Commo» 
Pleas.  Any  four  of  the  Judges  of  this  court  may  proceed  on 
bufinefs ;  but  any  fmaller  number  may  open  and  adjourn  the 
court.  If  any  of  them  has  rendered  judgment  or  paffed  a 
decree  in  any  caufe  before  removal,  he  {hall  not  fit  judicially 
upon  the  hearing  of  the  fame  in  this  court,  but  may  affign 
the  reafons  upon  which  fuch  judgment  was  rendered,  or  fuch 
decree  paffed.  The  Chancellor  fhali  prefide,  except  when  he 
cannot  fit  judicially  ;  and  in  fuch  cafes,  or  in  his  abfence, 
the  Chief  Juftice  of  the  Supreme  Court ;  but  if  he  is  fo  dif- 
qualified  or  abfent,  then  the  Chief  Juftice  of  the  Court  of 
Common  Pleas  fhali  prefide ;  and  if  he  is  fo  difqualified 
or  abfent,  then  the  next  eldeft  Judge  according  to  pri¬ 
ority  in  date  of  commiffions,  if  prefent,  and  not  difquali¬ 
fied  as  aforefaid,  fhali  prefide.  This  court  fhali  have  power 
1  to  iff ue  writs  of  error  to  the  Supreme  Court,  and  to  the  Court 
of  Common  Pleas,  and  to  receive  and  determine  appeals  from 
1  interlocutory  or  final  orders  or  decrees  of  the  Chancellor. 
Errors  fhali  be  affigned,  and  caufes  of  appeal  exhibited  in 
writing  fpeedily,  ana  citations  duly  ferved  onadverfe  parties. 

Sect.  2.  Upon  the  reverful  of  a  judgment  of  the  Supreme 
Court,  or  of  a  Court  of  Common  Pleas,  or  a  decree  of  the 


CONSTITUTION  OF 


Chancellor,  this  court  fhall  refpeftively  render  fueh  judgment-, 
or  pafs  fuch  decree,  as  the  Supreme  Court,  or  the  Court  of 
Common  Pleas,  or  the  Chancellor  ought  to  have  rendered  or 
palled,  except  where  the  reverfal  is  in  favour  of  the  plaintiff 
or  petitioner,  in  the  original  fuit,  and  the  damages  to  be 
afleffed,  or  the  matters  to  be  decreed,  are  uncertain  :  in  any 
of  which  cafes,  the  caufe  fhall  be  remanded,  in  order  to  a 
final  decilion. 

Sect.  3.  The  Judges  of  this  Court  may  ilfue  all  procefs 
proper  for  bringing  records  fully  before  them,  and  for  carry¬ 
ing  their  determinations  into  execution. 

ARTICLE  VIII. 

Section  i.  The  members  of  the  Senate  and  Houfe  of 
Reprefentatives,  the  Chancellor,  the  Judges  of  the  Supreme 
Court,  and  the  Court  of  Common  Pleas,  and  the  Attorney- 
General,  fhall  by  virtue  of  their  offices,  be  confervators  of  the 
peace  throughout  the  date  ;  and  the  Treafurer,  Secretary, 
Clerks  of  the  Supreme  Court,  Prothonotaries,  Regifters, 
Recorders,  Sheriffs,  and  Coroners,  fhall,  by  virtue  of  their 
offices,  be  confervators  thereof,  within  the  counties  refpec- 
tively  in  which  they  refide. 

Sect.  2.  The  Reprefentative,  and  when  there  fhall  be 
more  than  one,  the  Reprefentatives  of  the  people  of  this 
ftate  in  Congrefs,  fhall  be  voted  for  at  the  fame  places  where 
Reprefentatives  in  the  Hate  Legiflature  are  voted  for,  and  in 
the  fame  manner. 

Sect.  3.  The  State  Treafurer  fhall  be  appointed  annually 
by  the  Houfe  of  Reprefentatives  with  the  concurrence  of  the 
Senate.  No  perfon  who  hath  ferved  in  the  office  of  State 
Treafurer,  fhall  be  eligible  to  a  feat  in  either  Houfe  of  the 
Legiflature,  until  he  fhall  have  made  a  final  fettlement  of  his 
accounts  as  Treafurer,  and  difeharged  the  balance,  if  any 
thereon  due. 

Sect.  4.  Two  perfons  for  the  office  of  Sheriff  and  two  for 
the  office  of  Coroner,  fhall  be  chofen  by  the  citizens  refiding 
in  each  county,  and  having  right  to  vote  for  Reprefentatives, 
at  the  time  and  places  of  eleftion  of  Rtprefentatives,  one  of 
whom  for  each  office  refpeftively,  {hail  be  appointed  by  the 
Governor.  They  fhall  hold  their  offices  for  three  years,  if 
folong  they  fhall  behave  themfelves  well,  and  until  fucceffors 


DELAWARE. 


*3  7 


be  duly  qualified ;  but  no  perfon  (ball  be  twice  appointed  She¬ 
riff,  upon  election  by  the  citizens,  in  any  term  of  fix  years. 
The  Governor  (hall  fill  vacancies  in  thefe  offices  by  new  ap¬ 
pointments  to  continue  unto  the  next  general  election,  and 
until  fucceffors  (hall  be  chofen  and  duly  qualified.  The  Le¬ 
gislature,  two-thirds  of  each  branch  concurring,  may  when 
it  Shall  be  judged  expedient,  veil  the  appointment  of  Sheriff's 
and  Coroners  in  the  Governor;  but  no  perfon  Shall  be  twice 
appointed  Sheriff  in  any  term  of  fix  years. 

Sect.  5.  The  Attorney  General,  Clerks  of  the  Supreme 
Court,  Prothonotaries,  Regifiers,  Clerks  of  the  Orphans 
Courts  and  of  the  Peace,  Shall  refpeCtively  be  commiffioned 
for  five  years,  if  fo  long  they  Shall  behave  thernfelves  well ; 
but  may  be  removed  by  the  Governor  within  that  time,  on 
conviction  of  misbehaviour  in  office,  or  on  the  addrefs  of 
both  Houfes  of  the  Legislature.  Prothonotaries,  Clerks  of 
the  Supreme  Court,  of  the  Orphans  Courts,  Registers,  Re¬ 
corders,  and  Sheriffs,  Shall  keep  their  offices  in  the  town  or 
place  in  each  county,  in  which  the  Supreme  Court  and  the 
Court  of  Common  Pleas  are  ufually  held. 

Sect.  6.  Attornies  at  law,  all  inferior  officers  in  the  trea- 
fury  department,  election  officers,  officers  relating  to  taxes, 
to  the  poor,  and  to  high-ways,  Constables  and  Plundred  of¬ 
ficers,  Shall  be  appointed  in  fuch  manner  as  is  or  may  be  di¬ 
rected  by  law. 

Sect.  7.  All  falaries  and  fees  annexed  to  offices  (hall  be 
moderate  ;  and  no  officer  Shall  receive  any  fees  whatever, 
without  giving  to  the  perfon  who  pays,  a  receipt  for  them, 
if  required,  therein  fpecifying  every  particular  and  the  charge 
for  it. 

Sect.  8.  No  cofts  (hall  be  paid  by  a  perfon  accufcd  on  a 
bill  being  returned  ignoramus  ;  nor  on  acquittal  by  a  jury, 
unlefs  a  majority  of  the  Judges  prefent  at  the  trial  certify, 
that  there  was  probable  caufe  for  the  profecution. 

Sf.ct.  9.  The  lights,  privileges,  immunities,  and  eftates 
of  religious  focieties  and  corporate  bodies,  Shall  remain  as  if 
the  conftitution  of  this  ftate  had  not  been  altered.  No  cler¬ 
gyman  or  preacher  of  the  gofpel,  of  any  denomination,  fhall 
be  capable  of  holding  any  civil  office  in  this  ftate,  or  of  be¬ 
ing  a  member  of  either  branch  of  the  Legislature,  while  he 
continues  in  the  exercife  of  the  paftoral  or  clerical  functions. 

N 


CONSTITUTION  OF 


*38 

Sect.  10.  All  the  laws  of  this  flate,  exifting  at  the 
time  of  making  this  conflitution,  and  not  inconfiftent  with 
it,  {hall  remain  in  force,  unlefs  they  fhall  be  altered  by  future 
laws;  and  all  aflions  and  profecutions  now  pending,  fnall 
proceed  as  if  this  conflitution  had  not  been  made. 

Sect.  ii.  This  conflitution  fhall  be  prefixed  to  every 
edition  of  the  laws  made  by  direction  of  the  Legiflature. 

Sect.  12.  The  Legiflature  fhall,  as  foon  as  conveniently 
may  be,  provide  by  law,  for  afeertaining  what  flatutes,  and 
parts  of  flatutes,  fhall  continue  to  be  in  force  within  this 
ilate  ;  for  reducing  them,  and  all  affs  of  the  General  Affem- 
bly,  into  fuch  order,  and  publifhing  them  in  fuch  manner, 
that  thereby  the  knowledge  of  them  may  be  generally  dif- 
fufed  ;  for  choofing  infpedtors  and  judges  of  elections,  and 
regulating  the  fame  in  fuch  manner,  as  fhall  moft  effectually 
guard  the  rights  of  the  citizens  entitled  to  vole  ;  for  better 
Securing  perfonal  liberty,  and  eafdy  and  fpeedily  redreffing  ; 
all  wrongful  reflraints  thereof ;  for  more  certainly  obtaining 
returns  of  impartial  juries  ;  for  dividing  lands  and  tene¬ 
ments  in  Tiles  by  Sheriffs,  where  they  will  bear  a  diviiion, 
into  as  many  parcels  as  may  be  without  fpoiiing  the  whole, 
and  for  advertising  and  making  the  fales  in  fuch  manner,  and 
at  fuch  times,  and  places,  as  may  render  them  moft  beneficial 
to  all  perfons  concerned  ;  and  for  ellablifhing  fchools,  and 
promoting:  arts  and  fciences. 

1  O 

ARTICLE  IX. 

Members  of  the  General  Affembly,  and  all  officers  execu¬ 
tive  and  judicial,  (hall  be  bound  by  oath  or  affirmation,  to 
fupport  the  conflitution  of  this  Hate,  and  to  perform  the 
duties  of  their  refpeclive  offices  with  fidelity. 

ARTICLE  X. 

The  General  Affembly,  whenever  two-thirds  of  each 
Ho ufe  fitall  deem  it  neceilary,  may  with  the  approbation  of 
the  Governor  propofe  amendments  to  this  conflitution,  and  at 
leafl  three,  and  not  more  than  fix  months  before  the  next  gene¬ 
ral  election  of  Representatives,  dul)''  publifh  them  in  print 
for  the  conlideration  cf  the  people  ;  and  if  three-fourths  of 
each  branch  of  the  Legiflature  fhall,  after  fuch  an  eleftion, 
and  before  another,  ratify  t he  faid  amendments,  they  fhall  be 
valid  to  all  intents  and  purpofes,  as  parts  of  this  conflitution. 


DELAWARE. 


*33 

No  convention  {hall  be  called  but  by  the  authority  of  the 
people  ;  and  an  unexceptionable  mode  of  making  their  fenfe 
known,  will  be  for  them  at  a  general  election  of  Pveprefen- 
tatives,  to  vote  alfo  by  ballot  for  or  againji  a  convention, 
as  they  fhall  feverally  choofe  to  do  ;  and  if  thereupon  it 
{hall  appear,  that  a  majority  of  all  the  citizens  in  the  Hate 
having  right  to  vote  for  Reprefen tatives,  have  voted  for  a 
convention,  the  General  Alfembly  fhall  accordingly  at  their 
next  feffions  call  a  convention,  to  confift  of  at  lead  as  many 
members  as  there  are  in  both  Houfes  of  the  Legiflature,  to  ba 
chofen  in  the  fame  manner,  at  the  fame  places,  and  at  the  fame 
time  that  Reprefentatives  are,  by  the  citizens  entitled  to 
vote  for  Reprefentatives,  on  due  notice  given  for  one  month, 
and  to  meet  within  three  months  after  they  {hall  be  ele&ed. 


SCHEDULE. 

THAT  no  inconveniencies  may  arife  from  the  alterations 
of  the  Conftitution  of  this  State,  and  in  order  to  carry 
thc  fame  into  complete  operation,  it  is  hereby  declared  and 
ordained  : 

I.  That  the  Frefident,  or  in  cafe  of  his  death,  inability, 
or  abfence  from  the  date,  the  Speaker  of  the  Legiflative 
Council  at  that  time,  and  in  cafe  of  his  death,  inability,  or 
abfence  from  the  date,  the  Speaker  of  the  Houfe  of  Aflemb’y 
at  that  time,  {hall  refpeftivpl.y,  with  the  Privy  Council, 
exercife  the  Executive  Authority  of  this  date  until  the  third 
Tuefday  in  January  next.  If  the  death,  inability,  or  abfence 
of  the  Prefident,  (hall  happen  after  the  drd  Tuefday  of  next 
October,  and  before  the  fird  Tuefday  in  next  January,  then 
the  Executive  Authority  (hall  devolve  upon  the  perfon  who 
was  Speaker  of  the  Council  at  the  next  preceding  feffion  of 
the  General  Alfembly  ;  and  in  cafe  of  his  death,  inability, 
or  abfence,  upon  the  perfon  who  was  Speaker  of  the  Houfe 
of  Ad’embly  at  the  faid  next  preceding  fedion. 

II.  That  all  perfons  holding  offices  to  which,  under  this 
conditution,  appointments  are  to  be  made  by  the  Governor, 
(hall  continue  in  the  exercife  of  the  duties  of  their  refpedive 
offices  until  the  fird  Tuefday  of  Oflober,  one  thoufand,  feven 
hundred  and  ninety-three,  unlefs  their  commiffions  fhall  foone; 


140 


CONSTITUTION,  Sec. 

expire  by  their  own  limitations,  or  the  faid  offices  (ball  bt- 
eome  vacant  by  death  cr  refignatflon,  and  no  longer,  unlefs 
rc-appointed  and  commiffioned  by  the  Governor. 

III.  That  juftice  Hi  all  be  adminiftered  in  the  feveral  coun¬ 
ties  of  this  ftate,  until  the  period  laft  mentioned,  by  the  fame 
ju dices,  in  the  fame  courts  and  in  the  fame  manner  as  here¬ 
tofore. 

IV.  That  the  Sheriffs  elefted  at  Odlober  next  (hall  hold 
their  refpeftive  cornmiffions  two  years,  and  no  longer,  from 
that  time,  or  until  new  Sheriffs  are  eiefted  and  appointed  j 
and  fuch  perfons  (ball  not  be  again  eligible  until  the  expira¬ 
tion  of  three  years  after  their  cornmiffions  ceafe. 

V.  That  the  elections  of  Governor,  Senators,  and  Repre- 
fentatives,  fhall  be  conducted  by  the  fame  perfons,  and  in 
the  fame  manner,  as  is  preferibed  by  the  ele&ion  laws  of  this 
ftate,  concerning  the  eleftion  of  members  of  the  Council  and 
of  the  Houfe  of  Affembly  :  and  the  returns  thereof  iball  be 
made  refpeftively  to  the  perfon  exercifing  the  Executive 
Authority,  to  the  Senate,  and  to  the  Houfe  of  Reprefenta- 
tives. 

VI.  The  firft  meeting  of  the  Legiflature  under  this  con- 
ftitution  fhall  be  at  the  town  of  Dover. 


Done  in  Convention,  the  twelfth  day  of  June,  in  the  year 
of  our  Lord  one  thoufand  feven  hundred  and  ninety  - 
two,  and  of  the  Independence  of  the  United  States 
of  America,  the  fixteenth.  In  teftimony  whereof,  wc 
have  hereunto  fubferibed  our  names. 


THOMAS 
John  Dickinfon, 
Robert  Armftrong, 
Edward  Roche, 
William  Johnfon, 
Robert  Haughey, 
George  Monro, 
Robert  Coram, 
Kenfey  Johns, 
Nicholas  Ridgely, 
John  Clayton, 
Thomas  White, 
Manlove  Emerfon, 

( Atteft.) 


MONTGOMERY,  ?  ref  dent. 
James  Morris, 

Richard  Baffetf, 

Benjamin  Dill, 

Henry  Mollifton, 

Andrew  Barratf, 

Ifaac  Cooper, 

George  Mitchell, 

John  W.  Batfon, 

Rhoads  Shankland, 

Ifaac  Beauchamp, 

Daniel  Polk. 

JAMES  BOOTH,  Secretary, . 


(  >4'  ) 

MARYLAND. 


A  DECLARATION  of  RIGHTS,  and  the  Canjlitutinn  and 
form  of  Government ,  agreed  to  by  the  Delegates  of  Maryland) 
m  free  and  full  Convention  affe  rubied* 

A  DECLARATION  OF  RIGHTS,  &c. 

THE  Parliament  of  Great  Britain,  by  a  declaratory  aft, 
having  aflumed  a  right  to  make  laws  to  bind  the  colo¬ 
nies  in  all  cafes  whatfoever,  and,  in  purfuanceof  fuch  claim, 
endeavoured,  by  force  of  arms,  to  Subjugate  the  United 
Colonies  to  an  unconditional  fubmifiion  to  their  will  and 
power,  and  having  at  length  conftrained  them  to  declare 
themfelves  independent  Bates,  and  to  aiTume  government 
under  the  authority  of  the  people  : — Therefore,  we,  the  De¬ 
legates  of  Maryland,  in  free  and  full  Convention  affembled, 
taking  into  our  mod  Serious  conhderation  the  bed  means  of 
eftablifhing  a  good  Conftitution  in  this  Bate,  for  the  Sure 
foundation  and  more  permanent  Security  thereof,  declare, 

I,  That  all  Government,  of  right,  originates  from  the 
people,  is  founded  in  compaft  only,  and  instituted  Solely  for 
the  good  of  the  whole. 

II.  That  the  people  of  this  Bate  ought  to  have  the  Sole 
and  exclufive  right  of  regulating  the  internal  government  and 
police  thereof. 

III.  That  the  inhabitants  of  Maryland  are  entitled  to  the 
common  law  of  England,  and  the  trial  by  jury,  according  to 
the  courfe  of  that  law,  and  to  the  benefit  of  fuch  of  the 
Englifh  Batutes,  as  exiBed  at  the  time  of  their  find  emigra¬ 
tion,  and  which,  by  experience,  have  been  found  applicable 
to  their  local  and  other  circumfiances,  and  of  fuch  others  as 
have  been  Since  made  in  England,  or  Great  Britain,  and  have 
been  introduced,  ufed,  and  praftifed,  by  the  courts  of  law  or 
equity  ;  and  alfo  to  all  afts  of  AfSembly,  in  force  on  the  firB 
of  June,  Seventeen  hundred  and  Seventy-four,  except  fuch  as 
may  have  fince  expired,  or  have  been,  or  may  be  altered  by» 
afts  of  Convention,  or  this  declaration  of  rights — fubjeft, 
nevertheless,  to  the  revifion  of,  and  amendment  or  repeal  by, 
the  Legiflature  of  this  Bate  :  and  the  inhabitants  of  Mary¬ 
land  are  alfo  entitled  to  all  propertv,  derived  to  them  from  or 

Ni 


CONSTITUTION  OF 


?4-2 

under  the  charter,  granted  by  his  Majefty  Charles  I.  to 
Cscilius  Calvert,  Baron  or  Baltimore. 

IV.  That  all  perfons  inverted  with  the  legiflati ve  or  exe¬ 
cutive  powers  of  government,  are  the  truftees  of  the  public, 
and,  as  fuch,  accountable  for  their  conduct ;  wherefore,  when¬ 
ever  the  ends  of  government  are  perverted,  and  public  liberty 
manifertly  endangered,  and  all  other  means  of  redrefs  are 
ineffectual,  the  people  may,  and  of  right  ought,  to  reform  the 
old  or  ertablifh  a  new  government.  The  dodfrine  of  non- 
refiftance,  againft  arbitrary  power  and  opprertion,  is  abfurd, 
11  a vifh ,  and  deftruftive  of  the  good  and  happinefs  of  man¬ 
kind. 

V.  That  the  right,  in  the  people,  to  participate  in  the 
Legillature,  is  the  beft  fecurity  of  liberty,  and  the  foun¬ 
dation  of  all  free  government  ;  for  this  purpofe,  elections 
ought  to  be  free  and  frequent,  and  every  man,  having  property 
in,  a  common  intcreft  with,  and  an  attachment  to  the  commu¬ 
nity,  ought  to  have  a  right  of  fuffrage. 

VI.  That  the  Legillarive,  Executive,  and  Judicial  powers 
of  government,  ought  to  be  forever  feparate  and  diftindt  from 
each  other. 

VII.  That  no  power  of  fufpending  laws,  or  the  execution 
of  laws,  unlefs  by,  or  derived  from  the  Legillature,  ought  to 
be  exercifed  or  allowed. 

VIII.  That  freedom  of  fpeech  and  debates,  or  proceedings 
in  the  Legillature,  ought  not  to  be  impeached  in  any  other 
court  or  judicature. 

IX.  That  a  place  for  the  meeting  of  the  Legillature,  ought 
to  be  fixed,  the  moil  convenient  to  the  members  thereof,  and 
to  the  depofitory  of  public  records  ;  and  the  Legillature  ought 
not  to  be  convened  or  held  at  any  other  place,  but  from  evi¬ 
dent  neceffity. 

X.  That,  for  redrefs  of  grievances,  and  for  amending, 
ftrengthening,  and  preferving  the  laws,  the  Legillature  ought 
to  be  frequently  convened. 

XL  That  every  man  hath  a  right  to  petition  the  Legifla* 
ture,  for  the  redrefs  of  grievances,  in  a  peaceable  and  or¬ 
derly  manner. 

XII.  That  no  aid,  charge,  tax,  fee,  or  fees,  ought  to  be 
fet,  rated,  or  levied,  under  any  pretence,  without  confent  of 
tlie  Legillature. 


MARYLAND. 


H3 

XIII.  That  the  levying  taxes  by  the  poll  is  grievous  and 
•pprdfive,  and  ought  to  be  abolilhed  :  that  paupers  ought  not 
to  be  affeffed  for  the  fupport  of  government;  but  every 
other  perfon  in  the  ftate  ought  to  contribute  his  proportion 
of  public  taxes,  for  the  fupport  of  government,  according 
to  his  adual  worth,  in  real  or  perfonal  property,  within  the 
ftate  ;  yet  fines,  duties,  or  taxes,  may  properly  and  juftly  be 
impofed  or  laid,  with  a  political  view,  for  the  good  govern, 
ment  and  benefit  of  the  community. 

XIV.  That  fanguinary  laws  ought  to  be  avoided,  as  far 
as  is  confiftent  with  the  fafety  of  the  ftate  :  and  no  law,  to 
inflid  cruel  and  unufual  pains  and  penalties,  ought  to  be  made 
in  any  cafe,  or  at  any  time  hereafter. 

XV.  That  retrofpeclive  laws,  punifhing  fads  committed 
before  the  exiftence  of  fuch  laws,  and  by  them  only  declared 
criminal,  are  opprefiive,  unjuft,  and  incompatible  with  li¬ 
berty  ;  wherefore  no  ex  foji  fatto  law  ought  to  be  made. 

XVI.  That  no  law,  to  attaint  particular  perfons  of  trea- 
fon  or  felony,  ought  to  be  made  in  any  cafe,  or  any  time 
hereafter, 

XVII.  That  every  freeman,  for  any  injury  done  him  in 
his  perfon  or  propertys  ought  to  have  remedy,  by  the  courfe 
of  the  law  of  the  land,  and  ought  to  have  jufticeand  right,  . 
freely  without  fale,  fully  without  any  denial,  and  fpeedily 
without  delay,  according  to  the  law  of  the  land. 

XVIII.  That  the  trial  of  fads,  where  they  arife,  is  one 
of  the  greateft  fecurities  of  the  lives,  liberties,  and  eftates  of 
the  people. 

XIX,  That,  in  all  criminal  profecutions,  every  man  hath 
a  right  to  be  informed  of  the  accufation  againft  him  ;  to 
have  a  copy  of  the  indidment  or  charge  in  due  time  (if  re¬ 
quired)  to  prepare  for  his  defence  ;  to  be  allowed  counfel  ;  to 
be  confronted  with  the  witnefles  againft  him ;  to  have  pro- 
cefs  for  his  witnelfes;  to  examine  the  witneffes,  for  and 
againft  him,  on  oath  ;  and  to  a  fpeedy  trial  by  an  impartial 
jury,  without  whofe  unanimous  confent,  he  ought  not  to  be 
found  guilty. 

XX.  That  no  man  ought  to  be  compelled  to  give  evidence 
againft  himfelf,  in  a  common  court  of  law,  or  in  any  other 
court,  but  in  fuch  cafes,  as  have  been  ufually  pradifed  in  this 
ftate,  or  may  hereafter  be  direded  by  the  Legillature. 


*4+ 


CONSTITUTION,  OF 


XXI.  That  no  freeman  ought  to  be  taken,  or  imprifoned, 
or  diffeized  of  his  freehold,  liberties,  crprivilegcs,  or  out¬ 
lawed,  or  exiled,  or  in  any  manner  deflroyed,  or  deprived  of 
liis  life,  liberty,  or  property,  but  by  the  judgment  of  his 
peers,  or  by  the  law  of  the  land. 

XXII.  That  exceffive  bail  ought  not  to  be  required,  nor 
exceffive  fines  impofed,  nor  cruel  or  unufual  punifhments 
inflated,  by  the  courts  of  law. 

XXIII.  That  all  warrants,  without  oath  or  affirmation, 
to  fearch  fufpeCted  places,  or  to  feize  any  perfon  or  property, 
are  grievous  and  oppreffive  ;  and  all  general  warrants — to 
fearch  fufpeCted  places,  or  to  apprehend  fufpefted  perfons, 
without  naming  or  defcribing  the  place,  or  the  perfon  in 
fpecial — are  illegal  and  ought  not  to  be  granted. 

XXIV.  That  there  ought  to  be  no  forfeiture  of  any  part 
of  the  eftate  of  any  perfon,  for  any  crime  except  murder,  or 
treafon  againft  the  hate,  and  then  only  on  conviction  and 
attainder. 

XXV.  That  a  well  regulated  militia  is  the  proper  and 
natural  defence  of  a  free  government. 

XXVI.  That  (landing  armies  are  dangerous  to  liberty, 
and  ought  not  to  be  raifed  or  kept  up,  without  confent  of 
the  Legiflature. 

XXVII.  That  in  all  cafes,  and  at  all  times,  the  military 
ought  to  be  under  ftriCt  fubordination  to,  and  control  of  the 
civil  power. 

XXVIII.  That  no  foldier  ought  to  be  quartered  in  any 
houfe  in  time  of  peace,  without  the  confent  of  the  owner  ; 
and  in  time  of  war,  in  fuch  manner  only,  as  the  Legiflature 
fh.aH  direCt. 

XXIX.  That  no  perfon,  except  regular  foldiers,  mariners 
and  marines  in  the  fervice  of  this  date,  or  militia  when  in 
aCtual  fervice,  ought  in  any  cafe  to  be  fubjeft  to,  or  punifh- 
able  by  martial  law. 

XXX.  That  the  independency  and  uprightnefs  of  Judges 
are  effential  to  the  impartial  adminiflration  of  juftice,  and  a 
great  fecurity  to  the  rights  and  liberties  of  the  people  ; 
wherefore  the  Chancellor  and  Judges  ought  to  hold  com- 
miffions  during  good  behaviour;  and  the  faid  Chancellor  and 
Judges  fhall  be  removed  for  mifbehaviour,  on  conviction  in 
a  court  of  law,  and  may  be  removed  by  the  Governor,  upon 


MARYLAND. 


145 

the  add  refs  of  the  General  Afiembly  :  provided  that  two- 
thirds  of  all  the  members  of  each  Houfe  concur  in  fuch 
addrefs.  That  falaries,  liberal,  but  not  profufe,  ought  to  be 
fecured  to  the  Chancellor  and  the  Judges,  during  the  conti¬ 
nuance  of  their  commiffions,  in  fuch  manner,  and  at  fuch 
times,  as  the  Legiflature  fhall  hereafter  diredt,  upon  consider¬ 
ation  of  the  circumltances  of  this  ftate.  No  Chancellor  or 
Judge  ought  to  hold  any  other  office,  civil  or  military,  or 
receive  fees  or  perquifites  of  any  kind. 

XXXI.  That  a  long  continuance,  in  the  firft  executive 
departments  of  power  or  trull,  is  dangerous  to  liberty;  a 
rotation,  therefore,  in  thofe  departments,  is  one  of  the  bell 
fecurities  of  permanent  freedom. 

XXXII.  That  no  perfon  ought  to  hold,  at  the  fame  time, 
more  than  one  office  of  profit,  nor  ought  any  perfon,  in 
public  trull,  to  receive  any  prefent  from  any  foreign  prince  or 
Hate,  or  from  the  United  States,  or  any  of  them,  without  the 
approbation  of  this  ftate. 

XXXIII.  That,  as  it  is  the  duty  of  every  man,  to  wor- 
fliip  God  in  fuch  manner,  as  he  thinks  moft  acceptable  to 
him,  all  perfons,  profefling  the  Chriftian  religion,  are  equally- 
entitled  to  prote&ion  in  their  religious  liberty  ;  wherefore 
no  perfon  ought  by  any  law,  to  be  molefted  in  his  perfon  or 
eftate,  on  account  of  his  religious  perfuafion  or  profeffion, 
or  for  his  religious  pradlice  ;  unlefs,  under  colour  of  religion, 
any  man  fhall  ditlurb  the  good  order,  peace,  or  fafety  of  the 
ftate,  or  fhall  infringe  the  laws  of  morality,  or  injure  others 
in  their  natural,  civil,  or  religious  rights  ;  nor  ought  any 
perfon  to  be  compelled  to  frequent,  or  maintain,  or  contri¬ 
bute,  unlefs  on  contrail,  to  maintain  any  particular  place  of 
worlhip,  or  any  particular  miniftry  ;  yet  the  Legillaturc 
may,  in  their  diferetion,  lay  a  general  and  equal  tax,  for  the 
fupport  of  the  Chriftian  religion  ;  leaving  to  each  individual 
the  power  of  appointing  the  payment  over  of  the  money, 
collected  from  him,  to  the  fupport  of  any  particular  place  of 
worfbip  or  miniller,  or  for  the  benefit  of  the  poor  of  his  own 
denomination,  or  the  poor  in  general  of  any  particular 
county  :  but  the  churches,  chapels,  glebes,  and  all  other 
property,  now  belonging  to  the  church  of  England,  ought  to 
remain  to  the  church  of  England  for  ever.  And  all  a<fls  of 
Afiembly,  lately  palled,  for  colle&ing  monies  for  building  or 


CONSTITUTION  OF 


146 

repairing  particular  churches  or  chapels  of  eafe,  (hall  conti¬ 
nue  in  force,  and  be  executed,  unlefs  the  Legiflature  fhall,  by 
aft,  fuperfede  or  repeal  the  fame  :  but  no  county  court  (hall 
affefs  any  quantity  of  tobacco,  or  fum  of  money,  hereafter, 
on  the  application  of  any  veftry-men  ur  church  wardens  ;  and 
every  encumbent  of  the  church  of  England,  who  hath  re¬ 
mained  in  his  parifh,  and  performed  his  duty,  fhall  be  enti¬ 
tled  to  receive  the  provifion  and-fupport  eftabliftied  by  the  aft, 
entitled  (<  An  aft,  for  the  fupport  of  the  clergy  of  the  church 
of  England,  in  this  province,”  till  the  November  court  of 
this  prefent  year,  to  be  held  for  the  county  in  which  his 
parifh  fhall  lie,  or  partly  lie,  or  for  fuch  time  as  he  hath  re¬ 
mained  in  his  parifh,  and  performed  his  duty. 

XXXIV.  That  every  gift,  fale,  or  devife  of  lands,  to 
any  minifter,  public  teacher,  or  preacher,  of  the  gofpel,  as 
fuch,  or  to  any  religious  f eft,  order,  or  denomination,  or  to, 
or  for  the  fupport,  ufe,  or  benefit  of,  or  in  truft  for,  any  mi¬ 
ni  fie  r,  public  teacher,  or  preacher,  of  the  gofpel,  as  fuch, 
or  any  religious  feft,  order,  or  denomination — and  every  gift 
or  fale  of  goods,  or  chattels,  to  go  in  fucceffion,  or  to  take 
place  after  the  death  of  the  feller  or  donor,  or  to,  or  for  fuch 
lupport,  ufe,  or  benefit— and  alfo  every  devife  of  goods  or 
chattels  to,  or  for  the  fupport,  ufe,  or  benefit  cf  any  minifter, 
public  teacher,  or  preacher  of  the  gofpel,  as  fuch,  or  any 
religious  feft,  order,  or  denomination,  without  the  leave  of 
the  Legiflature,  (hall  be  void  ;  except  always  any  fale,  gift, 
leafe,  or  devife  of  any  quantity  of  land,  not  exceeding  two 
acres,  for  a  church,  meeting,  or  other  houfe  of  worfhip,  and 
for  a  burying  ground,  which  (hall  be  improved,  enjoyed,  or 
ufed  only  for  fuch  purpofe— or  fuch  fale,  gift,  leafe,  or  devife, 
(hall  be  void. 

XXXV.  That  no  other  tell  or  qualification  ought  to  be 
required,  on  admilfion  to  any  office  of  truft  or  profit,  than 
fuch  oath  of  fupport  and  fidelity  to  this  State,  and  fuch  oath 
of  office,  as  (hall  be  direfted  by  this  Convention,  or  the  Le¬ 
giflature  of  this  date,  and  a  declaration  of  a  belief  in  the 
Chriftian  religion. 

XXXVI.  That  the  manner  of  adminiftering  an  oath  to 
any  perfon,  ought  to  be  fuch,  as  thofe  of  the  religious  per- 
fuafion,  profeffion,  or  denomination,  of  which  fuch  perfon  is 
one,  generally  efteem  the  moft  effectual  confirmation,  by  the 


MARYLAND. 


147 

atteftation  of  the  Divine  Being.  And  that  the  people  called 
Quakers,  thofe  called  Dunkers,  and  thofe  called  Menonifts, 
holding  it  unlawful  to  take  an  oath  on  any  occafion,  ought 
to  be  allowed  to  make  their  folemn  affirmation,  in  the  man¬ 
ner  that  Quakers  have  been  heretofore  allowed  to  affirm  ;  and 
to  be  of  the  fame  avail  as  an  oath,  in  all  fuch  cafes,  as  the 
affirmation  of  Quakers  hath  been  allowed  and  accepted  within 
this  ftate,  inftead  of  an  oath.  And  further,  on  fuch  affirmation, 
warrants  to  fearch  for  ftolen  goods,  or  for  the  appreherdion  or 
commitment  of  offenders,  ought  to  he  granted,  or  fecurity 
for  the  peace  awarded,  and  Quakers,  Dunkers,  or  Menonifts, 
ought  alfo,  on  their  folemn  affirmation,  as  aforefaid,  to  be 
admitted  as  witneffes,  in  all  criminal  cafes  not  capital. 

XXXVII.  That  the  city  of  Annapolis  ought  to  have  all 
its  rights,  privileges,  and  benefits,  agreeable  to  its  charter, 
and  the  ads  of  Affembiy  confirming  and  regulating  the  fame, 
fubjed  nevertheless  to  fuch  alterations  as  may  be  made  by  this 
Convention  or  any  future  Legiflature. 

XXXVIII.  That  the  liberty  of  the  prefs  ought  to  be 
inviolably  prefer ved. 

XXXIX.  That  monopolies  are  odious,  contrary  to  the 
fpirit  of  a  free  government,  and  the  principles  of  commerce  ; 
and  ought  not  to  be  fuffered. 

XL.  That  no  title  of  nobility,  or  hereditary  honours, 
ought  to  be  granted  in  this  ftate. 

XLI.  That  the  fubfifting  refolves  of  this,  and  the  feve- 
ral  Conventions,  held  for  this  colony,  ought  to  be  in  force,  as 
laws,  unlefs  altered  by  this  Convention,  or  the  Legiflature  of 
■1  this  ftate. 

XLII.  That  this  Declaration  of  Rights,  cr  the  Form  of 
Government,  to  be  eftablifhed  by  this  Convention,  or  any 
part  or  either  of  them,  ought  not  to  be  altered,  changed,  or 
abolifhed,  by  the  Legiflature  of  this  ftate,  but  in  fuch  man¬ 
ner  as  this  Convention  fhall  prefcribe  and  dired. 

This  Declaration  of  Rights  was  affented  to,  and  paffed,  in 
Convention  of  the  Delegates  of  the  freemen  of  Maryland, 
begun  and  held  at  Annapolis,  the  14th  day  of  Auguft  A.  D. 

I  *776. 

By  order  of  the  Convention, 

MAT.  TILGHMAN,  Trefident. 


148 


CONSTITUTION  OF 


THE  CONSTITUTION  OR  FORM  OF 
GOVERNMENT,  &c. 

I.  That  the  Legiflature  confift  of  two  diftind  branches,  a 
Senate  and  Houfe  of  Delegates,  which  (hall  be  ftyied,  The 
General  Affemhly  of  Maryland. 

II.  That  the  Houfe  of  Delegates  (hall  be  chofen  in  the  fol¬ 
lowing  manner :  All  freemen,  above  twenty-one  years  of 
age,  having  a  freehold  of  fifty  acres  of  land  in  the  county,  in 
which  they  offer  to  vote,  and  reliding  therein — and  all  free¬ 
men,  having  property  in  this  date,  above  the  value  of  thirty 
pounds  current  money,  and  having  refided  in  the  county,  in 
which  they  offer  to  vote,  one  whole  year  next  preceding  the 
eledion — fhall  have  a  right  of  fuffrage,  in  the  eledion  of 
Delegates  for  fuch  county  :  and  all  freemen  fo  qualified,  (hall, 
on  the  firft  Monday  of  October,  feventeen  hundred  and  feven- 
ty-feven,  and  on  the  fame  day  in  every  year  thereafter, 
affemble  in  the  counties,  in  which  they  are  refpedively  qua¬ 
lified  to  vote,  at  the  court-houfe  in  the  faid  counties  ;  or  at 
fuch  other  piace  as  the  Legiflature  fhall  dired  ;  and  when 
affembled,  they  fhall  proceed  to  eled,  viva  voce,  four  Dele¬ 
gates  for  their  refpedive  counties,  of  the  moft  wife,  fenfible, 
and  difereet  of  the  people,  refidents  in  the  county,  where  they 
are  to  be  chofen,  one  whole  year  next  preceding  the  eledion, 
above  twenty-one  years  of  age,  and  having,  in  the  ftate,  real 
or  perfonal  property,  above  the  value  of  five  hundred  pounds 
current  money  ;  and  upon  the  final  calling  of  the  polls,  the 
four  perfons,  who  fhall  appear  to  have  the  greateft  number  of 
legal  votes  fhall  be  declared  and  returned  duly  eleded  for 
their  refpedive  countries. 

III.  That  the  Sheriff  of  each  county,  or,  in  cafe  of  fick- 
nefs,  his  deputy,  (fummoning  two  Juflices  of  the  county, 
who  are  required  to  attend  for  the  preservation  of  the  peace) 
fhall  be  the  judges  of  the  eledion,  and  may  adjourn  from 
day  to  day,  if  neceffary,  till  the  fame  be  finished,  fo  that  the 
whole  eledion  fhall  be  concluded  in  four  days  ;  and  fhall 
make  his  return  thereof,  under  his  hand,  to  the  Chancellor 
of  i his  date  for  the  time  being. 

IV.  That  all  perfons,  qualified  by  the  charter  of  the  city 
of  Annapolis,  to  vote  for  burgeffes,  fhall,  on  the  fame  firft 
Monday  of  Odober,  feventeen  hundred  and  feventy-feven, 
and  on  the  fame  day  in  every  year  for  ever  thereafter,  eled, 


MARYLAND. 


*49 

'viva  voce,  by  a  majority  of  votes,  two  delegates,  qualified 
agreeable  to  the  faid  charter  ;  that  the  Mayor,  Recorder, 

;  and  Aldermen,  of  the  faid  city,  or  any  three  of  them,  be 
judges  of  the  eledion,  appoint  the  place  in  the  faid  city  for 
holding  the  fame,  and  may  adjourn  from  day  to  day,  as  af’ore- 
faid,  and  fhall  make  return  thereof  as  aforefaid  :  but  the  inha~ 
bitants  of  the  faid  city  fhall  not  be  entitled  to  vote  for  Dele¬ 
gates  for  Anne- Arundel  county,  unlefs  they  have  a  freehold  of 
fifty  acres  of  land  in  the  county  diftind  from  the  city. 

V.  That  all  perfons,  inhabitants  of  Baltimore  town,  and 
having  the  fame  qualifications,  as  eledors  in  the  county,  fhall, 
on  the  fame  firft  Monday  in  Odober,  feventeen  hundred  and 
feventy-feven,  and  on  the  fame  day  in  every  year  forever 
thereafter,  at  fuch  place  in  the  faid  town,  as  the  Judges  fhall 
appoint,  eled  viva  voce>  by  a  majority  of  votes,  two  dele¬ 
gates,  qualified  as  aforefaid  :  but  if  the  faid  inhabitants  of 
the  town  fhall  fo  decreafe,  as  that  a  number  of  perfons,  hav¬ 
ing  a  right  of  fuffrage  therein,  fhall  have  been,  for  the  fpace 
of  feven  years  fucceflively,  lefs  than  one-half  the  number  of 
voters  in  fome  one  county  in  this  ftate,  fuch  town  fhall 
thenceforward  ceafe  to  fend  two  Delegates  or  Reprefentatives 
to  the  Houfe  of  Delegates,  until  the  faid  town  fhall  have  one- 
half  of  the  number  of  voters  in  fome  one  county  in  this 
ftate. 

VI.  That  the  commiflioners  of  the  faid  town,  or  any  thre$ 

:  or  more  of  them,  for  the  time  being,  fhall  be  judges  of  the 
i  faid  eledion,  and  may  adjourn  as  aforefaid,  and  fhall  make 

return  thereof,  as  aforefaid  :  but  the  inhabitants  of  the  faid 
town  fhall  not  be  entitled  to  vote  for,  or  be  elected,  Delegates 
for  Baltimore  county  :  neither  fhall  the  inhabitants  of  Balti¬ 
more  county,  out  of  the  limits  of  Baltimore  town,  be  entitled 
to  vote  for,  or  be  eleded,  Delegates  for  the  faid  town. 

VII.  That  on  refufal,  death,  difqualification,  refignation, 
or  removal  out  of  this  ftate,  of  any  Delegate,  or  on  his 
becoming  Governor,  or  member  of  the  Council,  a  warrant 
of  eledion  fhall  iftue  by  the  Speaker,  for  the  election  of  ano¬ 
ther  in  his  place  ;  of  which  ten  days  notice,  at  leaft  (exclud¬ 
ing  the  day  of  notice,  and  the  day  of  eledion)  fhall  be 
given. 

VIII.  That  not  lefs  than  a  majority  of  the  Delegates, 
with  their  Speaker  (to  be  chofen  by  them,  by  ballot)  copfti- 

O 


CONSTITUTION  OF 


150 

tute  a  Houfe,  for  the  tranfa&ion  of  any  bufinefs,  other  thaa 
that  of  adjourning. 

'  IX.  That  the  Houfe  of  Delegates  fhall  judge  of  the  elec¬ 
tions  and  qualifications  of  Delegates. 

X.  That  the  Houfe  of  Delegates  may  originate  all  money 
bills,  propofe  bills  to  the  Senate,  or  receive  thofe  offered  by 
that  body  ;  and  affent,  diffent,  or  propofe  amendments ;  that 
they  may  enquire,  on  the  oath  of  witneffes,  into  all  com¬ 
plaints,  grievances,  and  offences,  as  the  grand  inquefl  of  this 
Hate,  and  may  commit  any  perfon,  for  any  crime,  to  the  pub¬ 
lic  jail,  there  to  remain  till  he  be  difcharged  by  due  courfe 
of  law.  They  may  expel  any  member,  for  a  great  mifde- 
meanor,  but  not  a  fecond  time  for  the  fame  caufe.  They  may 
examine  and  pafs  all  accounts  of  the  Hate,  relating  either  to 
the  colle&ion  or  expenditure  of  the  revenue,  or  appoint  audi¬ 
tors  to  Hate  and  adjuft  the  fame.  They  may  call  for  all  public 
or  official  papers  and  records,  and  fend  forperfons  whom  they 
may  judge  neceffary  in  the  courfe  of  their  enquiries,  concern¬ 
ing  affairs  relating  to  the  public  intereft  ;  and  may  direft  all 
office  bonds  (which  fhall  be  made  payable  to  the  Hate)  to  be 
fued  for  any  breach  of  duty. 

XI.  That  the  Senate  may  be  at  full  and  perfeft  liberty  to 
exercife  their  judgment  in  pafiing  laws — and  that  they  may 
not  be  compelled  by  the  Houfe  of  Delegates,  either  to  reject 
a  money  bill,  which  the  emergency  of  affairs  may  require,  or 
to  alfent  to  fome  other  aft  of  legiflation,  in  their  confcience 
and  judgment,  injurious  to  the  public  welfare — the  Houfe  of 
De-legates  fhall  not,  on  any  occafion,  or  under  any  pretence, 
annex  to,  or  blend  with  a  money  bill,  any  matter,  claufe,  or 
thing,  not  immediately  relating  to,  and  neceffary  for  the 
impofing,  afTeffing,  levying,  or  applying  the  taxes  or  fupplies 
to  be  raifed  for  the  fupport  of  government,  or  the  current 
expenfes  of  the  Hate  :  and  to  prevent  altercation  about  fuch 
bills,  it  is  declared,  that  no  bill,  impofing  duties  or  cuftoms 
for  the  mere  regulation  of  commerce,  or  inflicting  fines  for 
the  reformation  of  morals,  or  to  enforce  the  execution  of  the 
laws,  by  which  an  incidental  revenue  may  a  rife,  fhall  be 
accounted  a  money  bill  :  but  every  bill  afleffing,  levying  or 
applying  taxes  or  fupplies  for  the  fupport  o f  government,  or 
the  current  expenfes  of  the  Hate,  or  appropriating  money  in 
the  treafury,  (hall  be  deemed  a  money  bill- 


MARYLAND, 


151 

XII.  That  the  Houfe  of  Delegates  may  punifh,  by  impri- 
fonment,  any  perfon  who  fhali  be  guilty  of  a  contempt  in 
their  view,  by  any  diforderly  or  riotous  behaviour,  or  by 
threats  to,  or  abufe  of  their  members,  or  by  any  obftrudion 
to  their  proceedings.  They  may  aifo  punilh,  by  imprifon- 
ment,  any  perfon,  who  fhali  be  guilty  of  a  breach  of  privi¬ 
lege,  by  arrefting  on  civil  procefs,  or  by  affaulting  any  of 
their  members,  during  their  fitting,  or  on  their  way  to,  or 
return  from  the  Houfe  of  Delegates,  or  by  any  aftault  of,  or 
obftrudion  to  their  officers,  in  the  execution  of  any'  order  or 
procefs,  or  by  aftaulting  or  obftruding  any  wifnefs,  or  any 
other  perfon,  attending  on,  or  on  their  way  to,  or  from  the 
Houfe,  or  by  refcuing  any  perfon  committed  by  the  Houfe  : 
and  the  Senate  may  exercife  the  fame  power,  in  fimilar  cafes. 

XIII.  That  the  Treafurers  (one  for  the  weftern,  and  ano¬ 
ther  for  the  caftern  fhore)  and  the  Commiffioners  of  the  Loan 
Office,  may  be  appointed  by  the  Houfe  of  Delegates,  during 
their  pleafure  ;  and  in  cafe  of  refufa!,  death,  relignation,  dis¬ 
qualification,  or  removal  out  of  the  ftate,  of  any  of  the  faid 
Commiffioners  or  Treafurers,  in  the  recefs  of  the  General 
AlTembiy,  the  Governor,  with  the  advice  of  the  Council, 
may  appoint  and  commiffion  a  fit  and  proper  perfon  to  fuch 
vacant  office,  to  hold  the  fame,  until  the  meeting  of  the  next 
General  AlTembiy. 

XIV .  That  the  Senate  be  chofen  in  the  following  manner  : 
All  perfons,  qualified,  as  aforefaid,  to  vote  for  county  Dele¬ 
gates,  fhali,  on  the  fir  ft  day  of  September,  1781,  and  on  the 
fame  day  in  every  fifth  year  for  ever  thereafter,  eled,  viva 
voce,  by  a  majority  of  votes,  two  perfons  for  their  re fped ire 
counties  (qualified,  as  aforefaid,  to  be  eleded  county  Dele¬ 
gates)  to  be  electors  of  the  Senate:  and  the  Sheriff  of  each 
county,  or,  in  cafe  of  ficknefs,  his  Deputy  (fummoning  two 
Juftices  of  the  county,  who  are  required  to  attend,  for  the 
preservation  of  the  peace,)  fhali  hold  and  be  judge  of  the  faid 
eledicn,  and  make  return  thereof,  as  aforefaid.  And  all  per¬ 
fons  qualified  as  aforefaid,  to  vote  for  delegates  for  the  city  of 
Annapolis  and  Baltimore  town,  fhali,  on  the  fame  fir  ft  Mon¬ 
day  of  September,  1781,  and  on  the  fame  day  in  every  fifth 
year  forever  thereafter,  eled,  viva  voce,  by  a  majority  of 
votes,  one  perfon  for  the  faid  city  and  town  refpedively, 
qualified  as  aforefaid,  to  be  eleded  a  Delegate  for  the  faid 


i$2 


CONSTITUTION  OF 


city  2nd  town  refpe&ively  ;  the  faid  eleflion  to  be  held  in 
the  fame  manner,  as  the  election  of  Delegates  for  the  faid 
city  and  town  ;  the  right  to  ele<5l  the  faid  elector,  with 
refpecl  to  Baltimore  town,  to  continue  as  long,  as  the  right 
to  elect  .Delegates  for  the  faid  town, 

XV.  That  the  faid  electors  of  the  Senate  meet  at  the  city 
of  Annapolis,  or  fuch  other  place  as  (hall  be  appointed  for 
convening  the  Legiflature,  on  the  third  Monday  in  Septem¬ 
ber,  1781,  and  on  the  fame  day  in  every  fifth  year  forever 
thereafter,  and  they,  or  any  twenty-four  of  them  fo  met, 
fhall  proceed  to  eleft,  by  ballot,  either  out  of  their  own  body, 
or  the  people  at  large,  fit  teen  Senators  (nine  of  w?hom  to  be 
refidents  on  the  weflern,  and  fix  to  be  refidents  on  the  eaflern 
fn ore.)  men  of  the  mod  wifdom,  experience  and  virtue,  above 
twenty-five  years  of  age,  refidents  of  the  flate  above  three 
whole  yeais  next  preceding  the  election,  and  having  real 
and  perfcnal  property,  above  the  value  of  one  thoufand  pound* 
current  money. 

XVI.  That  the  Senators  fhall  be  balloted  for,  at  one  and 
the  fame  time,  and  out  of  the  gentlemen  refidents  of  the 
weflern  fnore,  who  fhall  be  propofed  as  Senators,  the  nine 
who  fhall,  on  flrikingthe  ballots,  appear  to  have  the  greatefl 
numbers  in  their  favour,  fhall  be  accordingly  declared  and 
returned  duly  eiedled  ;  and  out  of  the  gentlemen,  refidents 
of  the  eaflern  fhore,  who  fhall  be  propofed  as  Senators,  the 
fix  who  fhall,  on  flriking  the  ballots,  appear  to  have  the 
greatefl  number  in  their  favour,  fhall  be  accordingly  declared 
and  returned  duly  elected  ;  and  if  two  or  more,  on  the  fame 
ihore,  fliall  have  an  equal  number  of  ballots  in  their  favour, 
by  which  the  choice  fliall  not  be  determined  on  the  firfl  bal¬ 
lot,  then  the  ele&ors  fhall  again  ballot  before  they  feparate, 
in  which  they  fhall  be  confined  to  the  perfons  who  on  the 
firfl  ballot  fhall  have  had  an  equal  number  ;  and  they  who 
fhall  have  the  greatefl  number  in  their  favour  on  the  fecond 
ballot,  fhall  be  accordingly  declared  and  returned  duly  elefU 
cd  ;  and  if  the  whole  number  fhould  not  thus  be  made  up, 
becaufe  of  an  equal  number  on  the  fecond  ballot  flill  being  in 
favour  of  two  or  more  perfons,  then  the  ele&ion  fliall  be 
determined  by  lot,  between  thofe  who  have  equal  numbers ; 
which  proceedings  of  the  electors  fhall  be  certified  under 
their  hands,  and  returned  to  the  Chancellor  for  the  time 

being. 


MARYLAND. 


XVII.  That  the  electors  of  Senators  {hall  judge  of  the 
qualifications  and  elections  of  members  of  their  body  ;  and 
on  a  contefted  eleftion,  (hall  admit  to  a  feat,  as  an  elector, 
fuch  qualified  perfon,  as  (hall  appear  to  them  to  have  the 
greateft  number  of  legal  votes  in  his  favour. 

XVIII.  That  the  eleftors,  immediately  on  their  meeting, 
and  before  they  proceed  to  the  ele&ion  of  Senators,  take 
fuch  oath  of  fupport  and  fidelity  to  this  ftate,  as  this  Con¬ 
vention  or  the  Legiflature  fhall  direfl,  and  alfo  an  oath,  “  to 
cleD,  without  favour,  affection,  partiality,  or  prejudice, 
fuch  perfons  for  Senators  as  they,  in  their  judgment  and 
confidence,  believe  belt  qualified  for  the  office.” 

XIX.  That  in  cafe  of  refufaJ,  death,  refignation,  disqua¬ 
lification,  or  removal  out  of  this  ftate,  of  any  Senator,  or 
on  his  becoming  Governor,  or  a  member  of  the  Council,  the 
Senate  fhall,  immediately  thereupon,  or  at  their  next  meeting 
thereafter,  eleft,  by  ballot,  (in  the  fame  manner  as  the  elec¬ 
tors  are  above  directed  to  choofe  Senators)  another  perfon  in 
his  place,  for  the  refidue  of  the  faid  term  of  five  years. 

XX.  That  not  lefs  than  a  majority  of  the  Senate,  with 
their  Prefident,  (to  be  chofien  by  them,  by  ballot)  fhall  con- 
ftitute  a  Houfe,  for  the  tranfatting  any  bufinefs,  other  than 
that  of  adjourning. 

XXI.  That  the  Senate  fhall  judge  of  the  ele&ions  and 
qualifications  of  Senators* 

XXII.  That  the  Senate  may  originate  any  other,  except 
money  bills,  to  which  their  aifent  or  diffient  only  fhall  be 
given  ;  and  may  receive  any  other  bids  from  the  Houfe  of 
Delegates,  and  affent,  diffienr,  or  propofe  amendments. 

XXIII.  That  the  General  Affiembly  meet  annually,  on 
the  firft  Monday  of  November,  and  if  neceffary,  oftener; 

XXIV.  That  each  Houfe  fhall  appoint  its  own  officers, 
and  fettle  its  own  rules  of  proceeding. 

XXV.  That  a  perfon  of  wifdom,  experience,  and  virtue, 
fhall  be  chofen  Governor,  on  the  fecond  Monday  of  Novem¬ 
ber,  feventeen  hundred  and  feventy-feven,  and  on  the  fecond 
Monday  in  every  year  for  ever  thereafter,  by  the  joint  ballot 
of  both  Houfes,  (to  be  taken  in  each  Houfe  refpetlively)  de- 
pofited  in  a  conference  room  ;  the  boxes  to  be  examined  by  a 
joint  committee  of  both  Houfes,  and  the  numbers  feverally 
reported,  that  the  appointment  may  be  entered  ;  which  mode 

O  2 


554 


CONSTITUTION  OF 


nf  taking  the  joint  ballot  of  both  Houfes>  fhall  be  adopted 
in  ail  cafes.  But  if  two  or  more  fhall  have  an  equal  number 
of  ballots  in  their  favor,  by  which  the  choice  fhall  not  be 
determined  on  the  fir  It  ballot,  then  a  fecond  ballot  fhall  be 
taken,  which  fhall  be  confined  to  the  pcrfons,  who  on  the 
firff  bailor,  fhall  have  had  an  equal  number  3  and  if  the  bai¬ 
lors  tbould  again  be  equal  between  two  or  more  per  fens,  then 
the  eleftion  of  the  Governor  fhall  be  determined  by  lot, 
between  thofc,  who  have  equal  numbers  :  and  if  the  perfon 
chofen  Governor  fhall  die,  refigs,  remove  out  of  the  (late, 
or  refufe  to  aft,  (the  General  Affembly  fitting)  the  Senate 
and  Houfe  of  Delegates  fhall,  immediately  thereupon,  pro¬ 
ceed  to  a  new  choice,  in  manner  aforefaid^ 

XXVI.  That  the  Senators  and  Delegates,  on  the  fecond 
Tuefday  of  November,  feventeen  hundred  and  feventy-feven, 
and  annually  on  the  fecond  Tuefday  of  November  forever 
thereafter,  eleft  by  joint  ballot  (in  the  fame  manner,  as  Sena¬ 
tors  are  direfted  to  be  chofen)  five  of  the  rooft  fenfible,  dif- 
creet,  and  experienced  men,  above  twenty -five  years  of  age, 
refidents  in  the  flate  above  three  years  next  preceding  the 
election,  and  having  therein  a  freehold  of  lands  and  tenements, 
above  the  value  of  one  thoufand  pounds  current  money,  to  be 
the  Council  to  the  Governor,  whole  proceedings  fhall  b« 
always  entered  on  record,  to  any  part  whereof  any  member 
may  enter  his  diffent,  and  their  advice,  if  fo  required  by  the 
Governor,  or  any  member  of  the  Council,  fhall  be  given  in 
writing,  and  figned  by  the  members  giving  the  fame  refpec- 
tively  :  which  proceedings  of  the  Council  fhall  be  laid  be* 
fore  the  Senate  or  Houfe  of  Delegates,  when  called  for  by 
them,  or  either  of  them.  The  Council  may  appoint  their 
own  Clerk,  who  fhall  take  fuch  oath  of  fupport  and  fidelity, 
to  this  llate,  as  this  Convention,  or  the  Legiflature,  fhall 
direft  ;  and  of  fecrecy,  in  fuch  matters,  as  he  (hall  be  direfted 
by  the  board  to  keep  fecret. 

XXVII.  That  the  Delegates  to  Congrefs,  from  this  Hate, 
fit  ail  be  chofen  annually,  or  fuperfeded  in  the  mean  time,  by 
the  joint  ballot  of  both  Houfes  cf  AiTeinbly  ;  and  that  there  be 
a  rotation,  in  fuch  manner,  that  at  lead  two  of  the  number  be 
annually  changed;  and  no  perfon  fhall  be  capable  of  being  a 
Delegate  to  Congrefs  for  more  than  three  in  any  term  of  fix 
years  j  and  no  perfon,  who  holds  any  office  of  profit  in  the 


MARYLAND. 


Hi 

gift  of  Congrefs,  fhall  be  eligible  to  fit  in  Corgrefs  :  but  if 
appointed  to  any  fuch  office,  his  feat  fhall  be  thereby  vacated. 
That  no  perfon,  unlefs  above  twenty-one  years  of  age,  and 
a  refident  in  the  flate  more  than  five  years  next  preceding 
the  election,  and  having  real  and  perfonal  eftate  in  this  flate, 
above  the  value  of  one  thoufand  pounds  current  money,  fhall 
be  eligible  to  fit  in  Congrefs. 

XXVIII.  That  the  Senators  and  Delegates,  immediately 
on  their  annual  meeting,  and  before  they  proceed  to  any  bu» 
finefs,  and  every  perfon,  hereafter  elefted  a  Senator  or  Dele¬ 
gate  before  he  a<fls  as  fuch — fhall  take  an  oath  of  fupport  and 
fidelity  to  this  flate,  as  aforefaid  ;  and  before  the  election  of 
a  Governor,  or  Members  of  the  Council,  fhall  take  an  oath, 
i(  to  eleT  without  favour,  affedion,  partiality,  or  prejudice, 
fuch  perfon  as  Governor,  or  Member  of  the  Council,  as  they, 
in  their  judgment  and  confidence,  believe  bell  qualified  for 
the  office.5' 

XXIX.  That  the  Senate  and  Delegates  may  adjourn  them- 
felves  refpedively  :  but  if  the  two  Houfes  lhould  not  agree  on 
the  fame  time,  but  adjourn  to  different  days,  then  fhall  the 
Governor  appoint  and  notify  one  of  thofe  days,  or  fome  day 
between  ;  and  the  Affcmbly  fhall  then  meet  and  be  held  ac¬ 
cordingly  :  and  he  fhall,  if  neceffary,  by  advice  of  the  Council, 
call  them  before  the  time,  to  which  they  fhall  in  any  manner 
be  adjourned,  on  giving  not  lefs  than  ten  days  notice  thereof : 
but  the  Governor  lhali  not  adjourn  the  Affembly,  otherwife 
than  as  aforefaid,  nor  prorogue  or  diffolve  it  at  any  time. 

XXX*  That  no  perfon,  unlefs  above  twenty-five  years  of 
age,  a  refident  in  this  flate  above  five  years  next  preceding  the 
election — and  having  in  the  flate  real  and  perfonal  property, 
above  the  value  of  live  thoufand  pounds  current  money,  (one 
thoufand  pounds  whereof,  at  leafl,  to  be  freehold  ellate)  fhall 
be  eligible  as  Governor. 

XXXI.  That  the  Governor  fhall  not  continue  in  that  of¬ 
fice,  longer  than  three  years  fucceffively,  nor  be  eligible  as 
Governor,  until  the  expiration  of  four  years,  after  he  fhall 
have  been  out  of  that  office. 

XXXII.  That  upon  the  death,  refignation,  or  removal 
out  of  this  flate,  of  the  Governor,  the  firll  named  of  the 
Council,  for  the  time  being,  fhall  ad  as  Governor,  and  qua¬ 
lify  in  the  fame  manner,  and  fhall  immediately  call  a  meeting 


CONSTITUTION  OF 


f56 

of  the  General  Aftfembly,  giving  not  lefs  than  fourteen  days 
notice  of  the  meeting,  at  which  meeting,  a  Governor  (hall 
be  appointed,  in  manner  aforefaid,  for  the  refidue  of  the  year. 

XXXIII.  That  the  Governor,  by  and  with  the  advice  and 
confent  of  the  Council,  may  embody  the  militia ;  and,  when 
embodied,  fhall  alone  have  the  direction  thereof ;  and  Ihall 
alfo  have  the  direction  of  all  the  regular  land  and  fea  forces, 
under  the  laws  of  this  ftate,  (but  he  fhall  not  command  in 
perfon,  uniefs  advifed  thereto  by  the  Council,  and  then  on¬ 
ly  fo  long,  as  they  (hall  approve  thereof;)  and  may  alone 
exercife  all  other  the  executive  powers  of  government,  where 
the  concurrence  of  the  Council  is  not  required,  according  to 
the  laws  of  this  ftate,  and  grant  reprieves  or  pardons,  for  any 
crime,  except  in  fuch  cafes  where  the  law  Ihall  otherwife 
direCt  :  and  may,  during  the  recefs  of  the  General  Aftfembly, 
lay  embargoes,  to  prevent  the  departure  of  any  fhipping,  or 
the  exportation  of  any  commodities,  for  any  time  not  exceed¬ 
ing  thirty  days  in  any  one  year — fummoning  the  General  Af- 
fembly  to  meet  within  the  time  of  the  continuance  of  fuch 
embargo  :  and  may  alfo  order  and  compel  any  veffel  to  ride 
quarantine,  if  fuch  veftTel,  or  the  port  from  which  fhe  may 
have  come,  fhall,  on  ftrong  grounds,  be  fufpefted  to  be  in¬ 
fected  with  the  plague  :  but  the  Governor  fhall  not,  under 
any  pretence,  exercife  any  power  or  prerogative,  by  virtue 
of  any  law,  ftatute,  or  cuftom  of  England  or  Great  Britain. 

XXXIV.  That  the  Members  of  the  Council,  or  any  three 
or  more  of  them,  when  convened,  fhall  conflitute  a  board, 
for  the  tranfadting  of  bufinefs  ;  that  the  Governor,  for  the 
time  being,  Ihall  prefide  in  the  Council,  and  be  entitled  to  a 
vote,  on  all  queftions,  in  which  the  Council  fhall  be  divid¬ 
ed  in  opinion  :  and,  in  the  abfence  of  the  Governor,  the  ftril 
named  of  the  Council  Ihall  prefide  ;  and,  as  fuch,  (hall  alfo 
vote,  in  all  cafes,  where  the  other  Members  difagree  in  their 
opinion. 

XXXV.  That,  in  cafe  of  refufal,  death,  refignation,  dis¬ 
qualification,  or  removal  cut  of  the  ftate,  of  any  perfon  cho- 
fen  a  Member  of  the  Council,  the  Members  thereof,  immedi¬ 
ately  thereupon,  or  at  their  next  meeting  thereafter,  fhall 
cledt  by  ballot,  another  perfon  (qualified  as  aforefaid)  in  his 
place,  for  the  refidue  of  the  year. 

XXXVI.  That  the  Council  (hall  have  power  to  make  the 


MARYLAND. 


*57 

great  Teal  of  this  Hate,  which  fhall  be  kept  by  the  Chancellor 
for  the  time  being,  and  affixed  to  all  laws,  cornmiffions,  grants, 
and  other  public  teftimonials,  as  has  been  heretofore  prac- 
tifed  in  this  date. 

XXXVII.  That  no  Senator,  Delegate  of  AiTembly,  or 
Member  of  the  Council,  if  he  {hall  qualify  as  fuch,  {hall  hold 
or  execute  any  office  of  profit,  or  receive  the  profits  of  any  of¬ 
fice  exercifed  by  any  other  perfcn,  during  the  time,  for  which 
he  (hall  be  eleded  ;  nor  fhall  any  Governor  be  capable  of 
holding  any  other  office  of  profit  in  this  Hate,  while  he  ads  as 
fuch.  And  no  perfon,  holding  a  place  of  profit  or  receiving 
any  part  of  the  profits  thereof,  or  receiving  the  profits  or  any 
part  of  the  profits  arifing  on  any  agency,  for  the  fupply  of 
cloathing  or  provifions  for  the  army  or  navy,  or  holding  any 
office  under  the  United  States,  or  any  of  them — or  a  mini- 
fter,  or  preacher  of  the  gofpel,  of  any  denomination — or  any 
perfon  employed  in  the  regular  land  fervice,  or  marine,  of  this 
or  the  United  States — {hail  have  a  feat  in  the  General  Affiem- 
bly,  or  the  Council  of  this  Hate,, 

XXXVIII,  That  every  Governor,  Senator,  Delegate  to 
Congrefs,  or  AiTembly,  and  Member  of  the  Council,  before 
he  ads  as  fuch,  fhall  take  an  oath,  u  that  he  will  not  receive, 
diredly  or  indiredly,  at  any  time,  any  part  of  the  profits  of 
any  office,  held  by  any  other  perfon,  during  his  ading  in  hia 
office  of  Governor,  Senator,  Delegate  to  Congrefs,  or  Afiem- 
bly,  or  Member  of  the  Council,  or  the  profits,  or  any  part  of 
the  profits,  arifing  on  any  agency,  for  the  fupply  of  cloathing 
,or  provifions  for  the  army  or  navy.5' 

XXXIX.  That  if  any  Senator,  Delegate  to  Congrefs  or 
Afl'embly,  or  Member  of  the  Council,  {hall  hold  or  execute 
any  office  of  profit,  or  receive  diredly  or  indiredly,  at  any 
time,  the  profits  or  any  part  of  the  profits,  of  any  office  exer¬ 
cifed  by  any  other  perfon,  during  his  ading  as  Senator,  De¬ 
legate  to  Congrefs  or  AiTembly,  or  Member  of  the  Council — • 
his  feat  (on  convidion,  in  a  court  of  law,  by  the  oath  of 
two  credible  witnefies)  {hall  be  void  ;  and  he  fhall  fuffer  the 
punifhment  of  wilful  and  corrupt  perjury,  or  be  banifned  this 
Hate  forever,  or  difqualified  forever  from  holding  any  office 
or  place  of  trull  or  profit,  as  the  court  may  judge. 

XL.  That  the  Chancellor,  all  Judges,  the  Attorney  Ge¬ 
neral,  Clerks  of  the  General  Court,  the  Clerks  of  the  County 


CONSTITUTION  OF 


Courts,  the  Regifters  of  the  Land  Office,  and  the  Regifters  of 
Wills,  (hall  hold  their  commiffions  during  good  behaviour, 
removable  only  for  mifb^haviour,  on  conviction  in  a  court 
cf  law. 

XLI.  That  there  be  a  Regifter  of  Wills  appointed  for 
each  county,  who  (hall  be  commiffioned  by  the  Governor, 
on  the  joint  recommendation  of  the  Senate  and  Houfe  of  De¬ 
legates  ;  and  that  upon  the  death,  refignation,  difqualifica- 
tion,  or  removal  out  of  the  county,  of  any  Regifter  of  Wills, 
in  the  recefs  of  the  General  Affembly,  the  Governor,  with 
the  advice  of  the  Council,  may  appoint  and  commiffion,  a 
fit  and  proper  perfon  to  fuch  vacant  office,  to  hold  the  fame, 
until  the  meeting  of  the  General  Affembly. 

XLII.  That  Sheriffs  fhall  be  elected  in  each  county,  by 
ballot,  every  third  year ;  that  is  to  fay,  two  perfons  for  the 
office  of  Sheriff  for  each  county,  the  one  of  whom  having  the 
majority  of  votes,  or  if  both  have  an  equal  number,  either 
of  them,  at  the  d'Tcretion  of  the  Governor,  robe  commiffion- 
cd  by  the  Governor  for  the  faid  office  ;  and  having  ferved 
for  three  years,  fuch  perfon  fhall  be  ineligible  for  the  four 
years  next  fucceeding  ;  bond  with  fecurity  to  be  taken  every 
year,  as  ufual  ;  snd  no  Sheriff  fhall  be  qualified  to  ad,  be¬ 
fore  the  fame  is  given.  In  cafe  of  death,  refufal,  iefignation, 
difqualification,  or  removal  out  of  the  county,  before  the  ex¬ 
piration  of  the  three  years,  the  other  perfon,  chofen  as  afore- 
faid,  fhall  be  commiffioned  by  the  Governor,  to  execute  the 
faid  office,  for  the  refidue  of  the  faid  three  years,  the  faid 
perfon  giving  bond  and  fecurity  as  aforefaid  ;  and  in  cafe 
of  his  death,  refufal,  refignation,  difqualification,  or  removal 
out  of  the  county,  before  the  expiration  of  the  faid  three 
years,  the  Governor,  with  the  advice  of  the  Council,  may 
nominate  and  commiffion  a  fit  and  proper  perfon,  to  execute 
the  faid  office  for  the  refidue  of  the  faid  three  years,  the 
faid  perfon  giving  bond  and  fecurity  as  aforefaid.  The  elec¬ 
tion  fhall  be  held,  at  the  fame  time  and  place,  appoint¬ 
ed  for  the  election  of  Delegates  ;  and  the  Juftices,  there 
fumraoned  to  attend,  for  the  prefervation  of  the  peace, 
fhall  be  judges  thereof,  and  of  the  qualification  of  candi¬ 
dates,  who  fhall  appoint  a  clerk  to  take  the  ballots.  All 
freemen,  above  the  age  of  twenty-one  years,  having  a  free¬ 
hold  of  fifty  acres  of  land,  in  the  county,  in  which  they 


MARYLAND, 


15$ 

offer  to  ballot,  and  refilling  therein — and  all  freemen  above 
the  age  of  twenty-one  years,  and  having  property  in  the  ftate 
above  the  value  of  thirty  pounds  current  money,  and  having 
refided  in  the  county,  in  which  they  offer  to  balior,  one  whole 
year  next  preceding  the  election — fhall  have  a  right  of  fuf- 
frage.  No  perfon  to  be  eligible  to  the  office  of  Sheriff  for 
a  county,  but  an  inhabitant  of  the  faid  county,  above  the 
age  of  twenty-one  years,  and  having  real  and  perfonal  pro¬ 
perty  in  the  ftate,  above  the  value  of  one  thoufand  pounds 
current  money.  The  Juftices  aforefaid,  fhall  examine  the 
ballots  ;  and  the  two  candidates  properly  qualified,  having 
in  each  county  the  majority  of  legal  ballots,  fhall  be  declared 
duly  elected  for  the  office  of  Sheriff  for  fuch  county,  and 
returned  to  the  Governor  and  Council,  with  a  certificate  of 
the  number  of  ballots  for  each  of  them. 

XLIII.  That  every  perfon,  who  fhall  offer  to  vote  for 
Delegates,  or  for  the  eleftion  of  the  Senate,  or  for  the  Sheriff, 
fhall,  (if  required  by  any  three  perfons  qualified  to  vote) 
before  he  be  admitted  to  poll,  take  fuch  oath  or  affirmation 
of  fupport  and  fidelity  to  this  ftate,  as  this  Convention,  or 
the  Legiflature,  fhall  direft. 

XLIV.  That  a  Juftice  of  the  Peace  may  be  eligible  as 
a  Senator,  Delegate,  or  member  of  the  Council,  and  may 
continue  to  a<ft,  as  a  Juftice  of  the  Peace. 

XLV.  That  no  field  officer  of  the  militia  be  eligible  as  a 
Senator,  Delegate,  or  member  of  the  Council. 

XLVI.  That  all  civil  officers,  hereafter  to  be  appointed 
for  the  feveral  counties  of  this  ftate,  fhall  have  been  refi- 
dents  of  the  county,  refpeftively,  for  which  they  fhall  be 
appointed,  fix  months  next  before  their  appointment  ;  and 
fhall  continue  refidents  of  their  county,  refpedively,  during 
their  continuance  in  office. 

XLVII.  That  the  Judges  of  the  General  Court,  and 
Juftices  of  the  County  Courts,  may  appoint  the  clerks  of  their 
refpedlive  courts  ;  and  in  cafe  of  refuf.d,  death,  refignation, 
difqualificaticn,  or  removal  out  of  the  ftate,  or  from  their 
refpe&ive  fhores,  of  the  clerks  of  the  General  Court  or 
either  of  them,  in  the  vacation  of  the  faid  court — and  in 
cafe  of  the  refufal,  death,  resignation,  diiqualification,  or 
removal  out  of  the  county,  of  any  of  the  faid  county  clerks, 
in  the  vacation  of  the  County  Court,  of  which  he  is  clerk — - 


CONSTITUTION  OF 


160 

the  Governor,  with  the  advice  of  the  Council,  may  appoint 
and  commiffion  a  fit  and  proper  perfon  to  fuch  vacant  office 
refpeftirely,  to  hold  the  fame  until  the  meeting  of  the  next 
General  Court,  or  County  Court,  as  the  cafe  may  be. 

XLVIII.  That  the  Governor,  for  the  time  being,  with 
the  advice  and  confent  of  the  Council,  may  appoint  the  Chan¬ 
cellor,  and  all  Judges  and  Juftices,  the  Attorney-General, 
Naval  Officers,  Officers  in  the  regular  land  and  fea  fervice. 
Officers  of  the  Militia,  Regifters  of  the  land-office.  Sur¬ 
veyors,  and  all  other  civil  officers  of  government,  (Afiefifors, 
Conftables,  and  Overfeers  of  the  Roads,  only  excepted)  and 
may  alfo  fufpend  or  remove  any  civil  officer,  who  has  not  a 
commiffion,  during  good  behaviour  ;  and  may  fufpend  any 
militia  officer,  for  one  month  :  and  may  alfo  fufpend  or 
remove  any  regular  officer  in  the  land  or  fea  fervice  :  and 
the  Governor  may  remove  or  fufpend  any  militia  officer,  in 
purfuance  of  the  judgment  of  a  Court  Martial. 

XLIX.  That  all  civil  officers  of  the  appointment  of  the 
Governor  and  Council,  who  do  not  hold  commiffions  during 
good  behaviour,  (hall  be  appointed  annually  in  the  third 
week  of  November.  But  if  any  of  them  (hall  be  re-appointed, 
they  may  continue  to  aft,  without  any  new  commiffion  or 
qualification :  and  every  officer,  though  not  re-appointed, 
(hall  continue  to  aft,  until  the  perfon  who  (hall  be  appointed 
and  commiffioned  in  his  (lead,  (hall  be  qualified. 

L.  That  the  Governor,  every  member  of  the  Council,  and 
every  Judge  and  Juftice,  before  they  aft  as  fuch,  (hall  refpec- 
tively  take  an  oath,  t(  That  he  will  not,  through  favour, 
affeftion,  or  partiality,  vote  for  any  perfon  to  office  ;  and 
that  he  will  vote  for  fuch  perfon,  as,  in  his  judgment  aed 
confcience,  he  believes  moft  fit,  and  bed  qualified  for  the 
office  ;  and  that  he  has  not  made,  nor  will  make,  any  pro- 
mife  or  engagement,  to  give  his  vote  or  intereft  in  favour  of 
any  perfon. ** 

LI.  That  there  be  two  Regifters  of  the  land  office,  one 
upon  the  weftern,  and  one  upon  the  eaftern  (bore  ;  that  fhort 
extrafts  of  the  grants  and  certificates  of  the  land,  on  the 
weftern  and  eaftern  fhores,  refpeftively,  be  made  in  feparate 
books,  at  the  public  expenfe,  and  depofited  in  the  offices  of 
the  faid  Regifters,  in  fuch  manner,  as  (hall  hereafter  be  pro¬ 
vided  by  the  General  Aflembly. 


na>  irormiT 


MARYLAND. 


i6i 

LII.  That  every  Chancellor,  Judge,  Regifter  of  Wills, 
Commiffioner  of  the  Loan  Office,  Attorney-General,  Sheriff, 
Treafurer,  Naval  Officer,  Regilder  of  the  Land  Office,  Re- 
gifter  of  the  Chancery  Court,  and  every  Clerk  of  the  Com¬ 
mon  Law  Courts,  Surveyor,  and  Auditor  of  the  Publie 
Accounts,  before  he  ads  as  fuch,  (hall  take  an  oath  ((  that  he 
will  not  diredly  or  indiredly  receive  any  fee  or  reward,  for 
doing  his  office  of  ,  but  what  is,  or  (hall 

be  allowed  by  law  ;  nor  will,  diredly  or  indiredly,  receive 
the  profits  or  any  part  of  the  profits  of  any  office,  held  by  any 
other  perfon  ;  and  that  he  does  not  hold  the  fame  office  in 
truft,  or  for  the  benefit  of  any  other  perfon/* 

LIII.  That  if  any  Governor,  Chancellor,  Judge,  Regifter' 
of  Wills,  Attorney-General,  Regifter  of  the  Land  Office,, 
Regifter  of  the  Chancery  Court,  or  any  Clerk  of  the  Com¬ 
mon  Law  Courts,  Treafurer,  Naval  Officer,  Sheriff,  Surveyor, 
or  Auditor  of  Public  Accounts,  fhali  receive  diredly  or  indi- 
redly,  at  any  time,  the  profits,  or  any  part  of  the  profits  of 
any  office,  held  by  any  other  perfon,  during  his  ading  in  the 
office,  to  which  he  is  appointed  ;  his  eledion,  appointment, 
and  commiffion  (on  convidion,  in  a  court  of  law,  by  oath  of 
two  credible  witneffes)  fhali  be  void  ;  and  he  fhali  fuffer  the 
punifhment  for  wilful  and  corrupt  perjury,  or  be  banifhed  this 
Bate  forever,  or  difqualified  forever,  from  holding  any  office 
or  place  of  truft  or  profit,  as  the  court  may  adjudge. 

LIV.  That  if  any  perfon  fhali  give  any  bribe,  prefent, 
or  reward,  or  any  promife,  or  any  fecurity  for  the  pay¬ 
ment  or  delivery  of  any  money,  or  any  other  thing,  to  ob¬ 
tain  or  procure  a  vote,  to  be  Governor,  Senator,  Delegate 
to  Congrefs,  or  Affembly,  Member  of  the  Council,  or  Judge, 
or  to  be  appointed  to  any  of  the  faid  offices,  or  to  any  office 

iof  profit  or  truft,  now  created  or  hereafter  to  be  created  in 
this  ftate — the  perfon  giving,  and  the  perfon  receiving  the 
fame  (on  convidion  in  a  court  of  law)  fhali  be  forever  dis¬ 
qualified  to  hold  any  office  of  truft  or  profit  in  this  ftate. 

LV.  That  every  perfon,  appointed  to  any  office  of  profit 
or  truft,  fhali,  before  he  enters  on  the  execution  thereof,  take 
the  following  oath,  to  wit,  ((  I,  A.  B,  do  fwear,  That 
I  do  not  hold  myfeif  bound  in  allegiance  to  the  King  of 
Great  Britain,  and  that  I  will  be  faithful,  and  bear  true 

P 


CONSTITUTION  OF 


162 

allegiance  to  the  fiate  of  Maryland  ;”  and  fhall  alfo  fubfcribe 
a  declaration  of  his  belief  in  the  Chriftian  religion. 

LVI.  That  there  be  a  Court  of  Appeals,  compofed  of  per- 
fons  of  integrity  and  found  judgment  in  the  law,  whofe 
judgment  (hall  be  final  and  conclufive,  in  all  cafes  of  appeal, 
from  the  General  Court,  Court  of  Chancery,  and  Court  of 
Admiralty  :  that  one  perfon  of  integrity  and  found  J  udgment 
in  the  law,  be  appointed  Chancellor:  that  three  perfons  of 
integrity  and  found  judgment  in  the  law,  be  appointed  Judges 
of  the  court  now  called  the  Provincial  Court;  and  that  the 
fame  court  be  hereafter  called  and  known  by  the  name  of 
The  General  Court ;  which  court  (hall  fit  on  the  weftern  and 
eaflern  fhores,  for  tranfadting  and  determining  the  bufinefs  of 
the  refpeftive  fhores,  at  fuch  times  and  places,  as  the  future 
Legiflature  of  this  date  fhall  dire<ft  and  appoint. 

LVII.  That  the  ftyle  of  all  laws  run  thus;  “  Be  it  enabled 
by  the  General  AJfe?nbly  of  Maryland That  all  public  com- 
^millions  and  grants  run  thus  ;  f(  The  fate  of  Maryland ',**  &c. 
and  -fhall  be  figned  by  the  Governor,  and  attefled  by  the 
Chancellor,  with  the  feal  of  the  fiate  annexed — except  mili¬ 
tary  commiffions,  which  fhall  not  be  attefied  by  the  Chancel¬ 
lor,  or  have  the  feal  of  the  fiate  annexed:  that  all  writs 
fhall  run  in  the  fame  fiyle,  and  be  attefied,  fealed,  and  figned 
as  ufual.  That  all  indidfments  (hall  conclude,  i(  Agabif  the 
■peace,  government,  and  dignity  of  the  fated * 

LVllI.  That  all  penalties  and  forfeitures,  heretofore  going 
to  the  king  or  proprietary,  fhall  go  to  the  fiate — fare  only 
fuch,  as  the  General  Aflembly  may  abolifh  or  otherwife  pro¬ 
vide  for. 

LTX.  That  this  form  of  government,  and  the  declaratioa 
of  rights,  and  no  part  thereof,  fhall  be  altered,  changed,  or 
abolilhed,  unlefs  a  bill  fo  to  alter,  change,  or  abolifh  the  fame, 
fhall  pafs  the  General  Aflembly,  and  be  pubiifhed  at  lead 
three  months  before  a  new  election,  and  (hall  be  confirmed  by 
the  General  Aflembly,  after  a  new  eletflion  of  Delegates,  in 
the  firft  feflion  after  fuch  new  eledlion  ;  provided  that  no¬ 
thing  in  this  form  of  government,  which  relates  to  the  eaft- 
ern  fhore  particularly,  fhall  at  any  time  hereafter  be  altered, 
unlefs  for  the  alteration  and  confirmation  thereof,  at  Icafi 
two-thirds  of  all  the  members  of  each  branch  of  the  General 
Aflembly  fhall  concur. 


MARYLAND. 


i.$3 


LX.  That  every  bill,  palled  by  the  General  AfTembly, 
when  engrofled,  fhall  be  prefented  by  the  Speaker  of  the 
Houfe  of  Delegates,  in  the  Senate,  to  the  Governor  for  the 
time  being,  who  fhall  dgn  the  fame,  and  thereto  affix  the 
great  feal,  in  the  prefence  of  the  members  of  both  Houfes  : 
every  law  (hall  be  recorded  in  the  General  Court  Office  of  the 
wedern  fhore,  and  in  due  time  printed,  published,  and  certi¬ 
fied  under  the  great  feal  to  the  feveral  County  Courts,  in 
the  fame  manner  as  hath  beca  heretofore  ufed  in  this 
date. 

This  Form  of  Government  was  alien  ted  to,  and  palled 
in  Convention  of  the  Delegates  of  the  freemen  of 
Maryland,  begun  and  held  at  the  City  of  Annapolis, 
the  fourteenth  of  Augult,  A.  D.  one  thoufand  feven 
hundred  and  feventy-fix. 

By  order  of  the  Convention, 

M.  TILGHMAN,  Frefident . 


Amendments  to  the  foregoing  Constitution. 

I  ALL  thole  parts  of  the  condituticn  and  form  of  govern¬ 
ment  that  prevent  a  citizen,  confcientioufiy  fcmpulous  of 
taking  an  oath  in  any  cafe,  and  who  are  permitted  by  the 
conllituticn  to  affirm  in  certain  cafes,  from  taking  a  feat  in 
the  Legiilature,  or  from  being  an  elector  of  the  Senate,  with¬ 
out  taking  an  oath  of  fuppoit  to  this  government,  fhall  be 
I  repealed  ;  and  hereafter  a  folemn  affirmation,  or  declaration  of 
Ifupport  to  this  government  may  be  taken,  and  fhall  be  re¬ 
ceived  indead  of  an  o.  th,  by  any  citizen  cliofen  a  delegate  or 
leleftor  of  the  Senate,  confcientioufiy  fcrupulous  of  taking 
Ian  oath  in  any  cafe,  and  who  is  permitted  by  the  eonftitution 
to  affirm  in  certain  cafes.  Nov.  1788,  C.  42,  j  2.  confirmed 
I  by  1789,  C.  1. 

Every  perfon  being  a  member  of  either  of  the  feeds  or 
focieties  called  Quakers,  Menonids,  Dunkcrs,  or  Nicolifes, 
or  new  Qjnkers,  and  who  fhall  be  confcientioufiy  {crapu¬ 
lous  of  taking  an  oath  on  any  occalion,  being  other  wife 
qualified  and  duly  defied  a  Senator,  Delegate,  or  Eiedor 
•f  the  Senate,  or  being  otherwife  qualified  and  duly  appoint- 


164 


CONSTITUTION  OF 


ed  or  elefted  to  any  office  of  profit  or  truft,  on  making  affir¬ 
mation  inftead  of  taking  the  feveral  oaths  appointed  by  the 
conftitution  and  form  of  government,  and  the  feveral  afts  of 
Affembly  of  this  ftate  now  in  force,  or  that  hereafter  may  be 
made,  fuch  perfon  may  hold  and  exercife  any  office  of  profit 
or  trull  to  which  he  may  be  appointed  or  elected,  and  may, 
by  fuch  affirmation,  qualify  himfelf  to  take  a  feat  in  the 
Legiflature,  and  to  aft  therein  as  a  member  of  the  fame  in  all 
cafes  whatever,  or  to  be  an  eleftor  of  the  Senate,  in  as  full 
and  ample  a  manner,  as  perfons  are  now  competent  and  qua¬ 
lified  to  aft  who  are  not  confcientioufly  fcrupulous  of  taking 
fuch  oaths  ;  and  the  feveral  claufes  and  feftions  of  tbeconfti- 
tution  contrary  to  the  prorifions  of  this  aft,  fo  far  as  they 
refpeft  either  of  the  fefts  or  focieties  aforefaid,  {hall  be 
repealed,  on  the  confirmation  hereof, — 17^4,0.49,  §  D  3* 
confirmed  by  1795,  C.  n. 

That  all  and  every  part  of  the  conftitution  and  form  of1 
government  relating  to  the  judges,  time,  place,  and  manner 
of  holding  eleftions  in  the  city  of  Baltimore,  and  all  and 
every  part  of  the  fecond,  third,  fifth,  fourteenth  and  forty- 
fecond  feftions  of  the  conftitution  and  form  of  government 
of  this  ftate,  which  relate  to  the  judges,  place,  time,  and 
manner  of  holding  the  feveral  eleftions  for  delegates,  eleftors 
of  the  Senate,  and  Sheriffs  of  the  feveral  counties,  be  and 
the  fame  are  hereby  abrogated,  repealed,  and  annulled,  and 
the  famefhall  hereafter  be  regulated  by  law,  Pafled  1 798 — ^ 
Confirmed  1799. 


V 

fc 

fa 

In 

H 

( 


— * 

VIRGINIA. 

9  he  CONSTITUTION ,  or  Form  of  Government ,  agreed  H 
and  refoived  upon  hy  the  Delegates  and  Rep  refentatives  of  the 
feveral  Comities  and  Corporations  of  Virginia ,  in  a  General 
Convention  held  at  Williamjhurgh ,  on  the  6th  of  May ,  and 
(ontinued  ly  adjournments  to  the  §th  of  Julyy  1776. 

WE,  the  Delegates  and  Reprefentatives  of  the  good 
people  of  Virginia,  do  declare  the  future  Form  of 
Government  of  Virginia  to  be  as  fojloweih  ; 


VIRGINIA. 


1 6$ 

The  Legislative,  Executive,  and  judiciary  Departments, 
hall  be  fepurute  and  diftinfl.  To  that  neither  exercife  the 
cowers  properly  belonging  to  the  other  ;  nor  Shall  any  per- 
on  exercife  the  powers  of  more  than  one  of  them  at  the 
aine  time,  except  that  the  JuSlicesof  the  County  Courts  Shall 
oe  eligible  to  either  Houfe  of  ASTembly. 

The  Legislative  Shall  be  formed  of  two  diftinft  branches, 
.vho,  together,  Shall  be  a  complete  Legislature.  They  Shall 
neec  once,  or  oftener,  every  year,  and  Shall  be  called,  The 
General  Ajferably  of  Virginia.  One  of  thefe  Shall  be  called, 
/ he  fioufe  of  Delegates,  and  conSift  of  two  Reprefentatives, 
to  be  chofen  for  each  county,  and  for  the  diSIrift  of  Weft- 
Auguila,  annually,  of  fuch  men  as  actually  reSIde  in,  and  are 
freeholders  of  the  fame,  or  duly  qualified,  according  to  law, 
ind  alfo  of  one  Delegate  or  Reprefentative,  to  be  chofen 
annually  for  the  city  of  WilliamSburgh,  and  one  for  the 
aorough  of  Norfolk,  and  a  Reprefeatative  for  each  of  fuch 
other  cities  and  boroughs,  as  may  hereafter  be  allowed  par¬ 
ticular  representation  by  the  Legislature  ;  but  when  any  city 
or  borough  Shall  fo  decreafe,  as  that  the  number  of  perfons, 
having  right  of  fuffrage  therein,  Shall  have  been,  for  the 
pace  of  feven  years  fucceffively,  lefs  than  half  the  number  of 
voters  in  fome  one  county  in  Virginia,  fuch  city  or  borough 
thenceforward  Shall  ceafe  to  fend  a  Delegate  or  Reprefenta- 
ive  to  the  ASTembly. 

The  other  fnall  be  called  The  Senate ,  and  confiSl  of  twenty- 
our  Members,  of  whom  thirteen  fnall  conftitute  a  Houfe  to 
uroceed  on  bufinefs  ;  for  whofe  election,  the  different  coun- 
ies  Shall  be  divided  into  twenty-four  diftrifts  ;  and  each 
bounty  of  the  refpefli ve  diftrhfl,  at  the  time  of  the  eleHion 
of  its  Delegates,  Shall  vote  for  one  Senator,  who  is  a&ually  a 
rcSident  and  freeholder  within  the  diftrid,  or  duly  qualified 
according  to  law,  and  is  upwards  of  twenty-five  years  of 
age;  and  the  Sheriffs  of  each  county,  within  five  days  at 
fartheSI,  after  the  laSt  county  eleftion  in  the  diSlridl,  Shall 
meet  at  fome  convenient  place,  and  from  the  poll  fo  taken  in 
their  refpedive  counties,  return,  as  a  Senator,  the  man  who 
Shall  have  the  ereattfi:  number  of  votes  in  the  whole  diStrift. 

O 

To  keep  up  this  ASTembly  by  rotation,  the  districts  Shall  be 
equally  divided  into  four  claffes  and  numbered  by  lot.  At 
the  end  of  one  year,  after  the  general  election,  the  fix  lyietn- 

P  2 


CONSTITUTION  OF 


1 66 

bcrs,  elefted  bv  the  firfl  divifion,  fliall  be  difplaced,  and  the 
vacancies  thereby  occafioned,  fupplied  from  iuch  clafs  or  divi- 
flon,  by  new  election,  in  the  manner  aforefaid.  This  rota¬ 
tion  fliall  be  applied  to  each  divificn,  according  to  its  number, 
and  continued  in  due  order  annually. 

The  right  of  fufFrage  in  the  election  of  Members  for  both 
Houfes,  fnall  remain  as  exercifed  at  prefent  ;  and  each  Iloufe 
fhali  chcofe  its  own  Speaker,  appoint  its  own  officers,  fettle 
its  own  rules  of  proceeding,  and  direft  writs  of  election,  for 
the  fupplying  intermediate  vacancies. 

All  laws  (hall  originate  in  the  Houfe  of  Delegates,  to  be 
approved  of  or  rejected  by  the  Senate,  or  to  be  amended, 
with  confent  of  the  Houfe  of  Delegates  ;  except  money  bills, 
which  in  no  inftance  fliall  be  altered  by  the  Senate,  but 
w  holly  approved  or  rejected. 

A  Governor,  or  Chief  Magiftrate,  fnall  be  chofen  annu- 
ally  by  joint  ballot  of  both  Houfes  (to  be  taken  in  each 
Houfe  refpccdively )  depofited  in  the  conference  room  ;  the 
boxes  examined  jointly  by  a  Committee  of  each  Houfe,  and 
the  numbers  federally  reported  to  them,  that  the  appoint¬ 
ments  may  be  entered  (which  fliall  be  the  mode  of  taking 
the  joint  ballot  cf  both  Houfes  in  all  cafes)  who  fliall  not 
continue  in  that  office  longer  than  three  years  fucceflively, 
nor  be  eligible,  unkl  the  expiration  of  four  years  after  he 
ill  all  have  been  out  of  that  office.  An  adequate,  but  mode¬ 
rate  falary  fhali  be  fettled  on  him,  during  his  continuance 
in  office  ;  and  he  fliall,  with  the  advice  of  a  Council  of  irate, 
cxereife  the  executive  powers  of  government,  according  to 
the  laws  of  this  commonwealth;  and  fhali  not,  under  any 
pretence,  exercife  any  power  or  prerogative,  by  virtue  of 
any  law,  ilatute  or  cuilom  of  England.  But  he  fhali,  with 
the  advice  of  the  Council  of  State,  have  the  power  of  grant¬ 
ing  reprieves  cr  pardons,  except  where  t he  profecution  fhali 
have  been  carried  on  by  the  Houfe  of  Delegates,  or  the  'aw 
fliall  otherwife  particularly  diredt ;  in  which  cafes,  no  re¬ 
prieve  or  pardon  fhali  be  granted,  but  by  refoive  of  the 
Houfe  of  Delegates. 

Either  Houfe  of  the  General  Affiembly  may  adjourn  them- 
felves  refpedti  vely.  The  Governor  fliall  not  prorogue  or 
adjourn  the  Affiembly,  during  their  fitting,  nor  diffiolve  them 
at  any  time;  but  he  fhali,  if  neceffiary,  either  by  advice  ot 


VIRGINIA. 


167 

tke  Council  of  State,  or  on  application  of  a  majority  of  the 
Houfe  of  Delegates,  call  them  before  the  time  to  which 
they  fhall  Hand  prorogued  or  adjourned. 

A  Privy  Council,  or  Council  of  State,  confifting  of  eight 
members,  (hall  be  chofen  by  joint  ballot  of  both  Houfes  of 
Affembly,  either  from  their  own  members  or  the  people  at 
large,  to  afilft  in  the  adminiftratton  of  government.  They 
fhall  annually  choofe,  out  of  their  own  members,  a  Prefident, 
who,  in  cafe  of  death,  inability,  or  abfence  of  the  Governor 
from  the  government,  fhall  art  as  Lieutenant-Governor# 
Four  members  fhail  be  fufHcient  to  art,  and  their  advice 
and  proceedings  fhall  be  entered  on  record,  and  figned  by 
the  members  prefent  (to  any  part  whereof,  any  member  may 
enter  his  diffent)  to  be  laid  before  the  General  Alfembly, 
when  called  for  by  them.  This  Council  may  appoint  their 
own  Clerk,  who  fhall  have  a  falary  fettled  by  law,  and 
take  an  oath  of  fecrecy,  in  fuch  matters  as  he  fhall  be  di¬ 
rected  by  the  board  to  conceal.  A  furn  of  money,  appro¬ 
priated  to  that  purpofe,  fhall  be  divided  annually  among  the 
members,  in  proportion  to  their  attendance  ;  and  they  fhall 
be  incapable,  during  their  continuance  in  office,  of  fitting  in 
cither  Houfe  of  Affembly.  Two  members  fhall  be  removed, 
by  joint  ballot  of  both  Houfes  of  Affembly,  at  the  end  of 
every  three  years,  and  be  ineligible  for  the  three  next  years. 
Thefe  vacancies,  as  well  as  tnofe  occafioned  by  death  or  in¬ 
capacity,  fhall  be  fupplied  by  new  elections,  in  the  fame 
manner. 

The  Delegates  for  Virginia  to  the  Continental  Congrefs 
fhall  be  chofen  annually,  or  fuperfeded  in  the  mean  time, 
by  joint  ballot  of  both  Houfes  of  Affembly. 

The  prefent  militia  officers  lhall  be  continued,  and  vacan¬ 
cies  fupplied  by  appointment  of  the  Governor,  with  the 
advice  of  the  Privy  Council,  on  recommendations  from  the 
refpertive  County  Courts  ;  but  the  Governor  and  Council 
{hall  have  a  power  of  fufpending  any  officer,  and  ordering  a 
Court  Martial,  on  complaint  of  mifbehaviour  or  inability, 
or  to  fupply  vacancies  of  officers,  happening  when  in  artual 
fervice. 

The  Governor  may  embody  the  militia,  with  the  advice 
vf  the  Privy  Council  ;  and  when  embodied,  fnall  alone  have 
the  dirertion  of  the  militia,  under  the  laws  of  the  country. 


1 6  S 


CONSTITUTION  OF 


The  two  Houfes  of  AfTembly  dial!,  by  joint  billot,  ap¬ 
point  Judges  of  the  Supreme  Court  of  Appeals,  and  General 
Court,  judges  in  Chancery,  Judges  of  Admiralty,  Secre¬ 
tary,  and  the  Attorney  General,  to  be  commiffioned  by  the 
Governor,  and  continue  in  office  during  good  behaviour.  In 
cafe  of  death,  incapacity,  cr  refignation,  the  Governor, 
with  the  advice  of  the  Privy  Council,  fhall  appoint  perfons 
to  fucceed  in  office,  to  be  approved  or  difplaced  by  both 
Houfes.  Thefe  officers  fhall  have  fixed  and  adequate  falaries, 
and,  together  with  all  others  holding  lucrative  offices,  and 
all  minifters  of  the  gofpel,  of  every  donomination,  be  inca-> 
pable  of  being  defied  members  of  either  Houfe  of  AfTembly 
or  the  Privy  Council. 

The  Governor,  with  the  advice  of  the  Privy  Council, 
fhall  appoint  Juftices  of  the  Peace  for  the  counties  ;  and  in 
cafe  of  vacancies,  or  a  neceffity  of  increafing  the  number 
hereafter,  fuch  appointments  to  be  made  upon  the  recom¬ 
mendation  of  the  refpeflive  County  Courts.  The  prefent 
afiing  Secretary  in  Virginia,  and  Clerks  of  all  the  County 
Courts,  fhall  continue  in  office.  In  cafe  of  vacancies,  ei¬ 
ther  by  death,  incapacity,  or  refignation,  a  Secretary  fhall 
be  appointed,  as  before  directed  ;  and  the  Clerks,  by  the 
refpedive  Courts.  The  prefent  and  future  Clerks  fhall  hold 
their  offices  during  good  behaviour,  to  be  judged  of,  and 
determined  in  the  General  Court.  The  Sheriffs  and  Coroners 
fhall  be  nominated  by  the  refpedive  Courts,  approved  by 
the  Governor,  with  the  advice  of  the  Privy  Council,  and 
commiffioned  by  the  Governor.  The  Juftices  fhall  appoint 
Gonftables ;  and  all  fees  of  the  aforefaid  officers  be  regulated 
by  law. 

The  Governor,  when  he  is  out  of  office,  and  others,  of¬ 
fending  againft  the  ftate,  either  by  mal-adminiftration,  cor¬ 
ruption,  or  other  means,  by  which  the  fafety  of  the  ftate 
may  be  endangered,  fhall  be  impeachable  by  the  Houfe  of 
Delegates.  Such  impeachment  to  be  profecuted  by  the  At¬ 
torney-General,  or  fuch  other  perfon  or  perfons  as  the  Houfe 
may  appoint,  in  the  General  Court,  according  to  the  laws 
of  the  land.  If  found  guilty,  he  or  they  fhall  be  either 
forever  difabled  to  hold  any  office  under  government,  or  be 
removed  from  fuch  office  pro  tempore ,  or  fubjeded  to  fach 
pains  or  penalties,  as  the  laws  fhall  direcd. 


VIRGINIA. 


169 

If  all  cr  any  of  the  Judges  of  the  General  Court  fhould, 
on  good  grounds  (to  be  judged  of  by  the  Houfe  of  Dele¬ 
gates)  be  accufed  of  any  of  the  crimes  or  offences  above  men¬ 
tioned,  fuch  Houfe  of  Delegates  may,  in  like  manner,  im¬ 
peach  the  Judge  or  Judges  fo  accufed,  to  be  profecuted  in 
the  Court  of  Appeals  ;  and  he  or  they,  if  found  guilty, 
fhall  be  punifhed  in  the  fame  manner  as  is  prefcribed  in  the 
preceding  claufe. 

Commiffions  and  grants  fhall  run  “  Jn  the  name  of  the 
Commonwealth  of  Virginia/’  and  bear  teft  by  the  Governor, 
with  the  feal  of  the  commonwealth  annexed.  Writs  {hall 
run  in  the  fame  manner,  and  bear  teft  by  the  Clerks  of  the 
feveral  courts.  Indictments  fhall  conclude,  (i  Againjl  the 
-peace  and  dignity  of  the  commonwealth/’ 

A  Treafurer  fhall  be  appointed  annually,  by  joint  ballot 
of  both  Houfe s. 

All  efchcats,  penalties,  and  forfeitures,  heretofore  going 
to  the  king,  fhall  go  to  the  commonwealth,  fave  only  fuch 
as  the  Legiflature  may  abolifh,  or  otherwife  provide  for. 

The  territories,  contained  within  the  charters,  ereCting 
the  colonies  of  Maryland,  Permfyl vania,  North  and  South- 
Carol  ina,  are  hereby  ceded,  releafed,  and  forever  confirmed 
to  the  people  of  thefe  colonies  refpeclively,  with  all  th* 
rights  of  property,  jurifdiClion  and  government,  and  all 
other  rights  whatfoever,  which  might,  at  any  time  hereto, 
fore,  have  been  claimed  by  Virginia,  except  the  free  navi¬ 
gation  and  ufe  of  the  rivers  Potomaque  and  Pokomoke,  with 
the  property  of  the  Virginia  fhores  and  ftrands,  bordering 
on  cither  of  the  faid  rivers,  and  all  improvements,  which 
have  been,  or  fhall  be  made  thereon.  The  weftern  and  north¬ 
ern  extent  of  Virginia  fhall,  in  all  other  refpeCIs,  Hand,  as 
fixed  by  the  charter  of  king  James  I.  in  the  year  one  thou- 
fand  fix  hundred  and  nine,  and  by  the  public  treaty  of  peace, 
between  the  courts  of  Britain  and  France,  in  the  year  one 
thoufand  feven  hundred  and  fixty-three  ;  unlefs  by  aft  of  this 
Legiflature,  one  or  more  governments  be  eftablifhed  weft, 
ward  of  the  Alleghany  mountains.  And  no  purchafes  of 
lands  fhall  be  made  of  the  Indian  natives,  but  on  behalf  of 
$he  public,  by  authority  of  the  General  Affembly* 


(  >7°  ) 

NORTH-CAROLING, 


! 


The  CONSTITUTION,  or  Form  of  Government,  agreed  t» 
and  refolded  upon,  by  the  Reprefentat'ives  of  the  Freemen  of 
the  ftate  of  North -Carolina,  elelied  and  chofen  for  that  par¬ 
ticular  purpofe ,  in  Cong  refs  affc?nbled,  at  Halifax ,  Dec . 

18,  1776. 

A  DECLARATION  OF  RIGHTS,  &c. 


I.  r  l^HAT  all  political  power  Is  veiled  in,  and  derived 
X  from  the  people  only. 

II.  That  the  people  of  this  Hate  ought  to  have  the  foie 
and  exclufive  right  of  regulating  the  internal  government 
and  police  thereof. 

III.  That  no  man,  or  fet  of  men,  are  entitled  to  exclufive 
or  feparate  emoluments  or  privileges  from  the  community, 
but  in  confideration  of  public  fervices. 

IV.  That  the  legiflative,  executive,  and  fupreme  judicial 
powers  of  government,  ought  to  be  forever  feparate  and  dif- 
tinft  from  each  other. 

V.  That  all  powers  of  fufpending  laws,  or  the  execution 
of  laws,  by  any  authority,  without  confent  of  the  Repre- 
fentatives  of  the  people,  is  injurious  to  their  rights,  and 
ought  not  to  be  exercifed. 

VI.  That  elections  of  Members,  to  ferve  as  Reprefenta- 
tives  in  General  AfTembly,  ought  to  be  free. 

VII.  That,  in  all  criminal  profecutions,  every  man  hts 
a  right  to  be  informed  of  the  accusation  againfi  him,  ami  to 
confront  the  accufers  and  witnefles  with  other  teftimony,  and 
fhall  not  be  compelled  to  give  evidence  againfi  himfelf. 

VIII.  That  no  freeman  fhall  be  put  to  anfvver  any  crimi¬ 
nal  charge,  but  by  indictment,  preferment  or  impeachment. 

IX.  That  no  freeman  fhall  be  convicted  of  any  crime,  but 
by  the  unanimous  verdidt  of  a  jury  of  good  and  lawful  men, 
in  open  court,  as  heretofore  ufed. 

X.  That  exceffive  bail  fhould  not  be  required,  nor  excef- 
five  fines  impofed,  nor  cruel  or  unufual  punifhments  infixed. 

XI.  That  general  warrants,  whereby  an  officer  or  meiTen- 
ger,  may  be  commanded  to  fearch  fufpefted  places,  without 
evidence  of  the  fact  committed,  or  to  feize  any  perfon  or 
perfons,  not  named,  whofe  offences  are  not  particularly  de- 


NORTH-CAROLINA. 


177 

fcribed,  and  fupported  by  evidence — are  dangerous  to  liber¬ 
ty,  and  ought  not  to  be  granted. 

XII.  That  no  freeman  ought  to  be  taken,  imprifoned,  off 
difteized  of  his  freehold,  liberties  or  privileges,  or  outlawed, 
or  exiled,  or  in  any  manner  deftroyed,  or  deprived  of  hi* 
life,  liberty,  or  property,  but  by  the  law  of  the  land.  • 

XIII.  That  every  freeman,  reftrained  of  his  liberty,  is 
entitled  to  a  remedy,  to  enquire  into  the  lawfulnefs  there¬ 
of,  and  to  remove  the  fame,  if  unlawful;  and  that  fuch  re¬ 
medy  ought  not  to  be  denied  or  delayed. 

XIV.  That  in  all  controverfies  at  law,  refpe&ing  proper¬ 
ty,  the  ancient  mode  of  trial,  by  jury,  is  one  of  thebeft  fe- 
curities  of  the  rights  of  the  people,  and  ought  to  remaiia 
facred  and  inviolable. 

XV.  That  the  freedom  of  the  prefs  is  one  of  the  great 
bulwarks  of  liberty,  and  therefore  ought  never  to  be  re¬ 
ftrained. 

XVI.  That  the  people  of  this  ftate  ought  not  to  be  taxed, 
or  made  fubjeft  to  the  payment  of  any  import,  or  duty, 
without  the  confent  of  themfelves,  or  their  Reprefentativeq 
in  General  Aflembly  freely  given. 

XVII.  That  the  people  have  a  right  to  bear  arms,  for  the 
defence  of  the  ftate ;  and  as  ftanding  armies,  in  time  of 
peace,  are  dangerous  to  liberty,  they  ought  not  to  be  kept 
lip  ;  and  that  the  military  fhould  be  kept  under  rtridt  fubor- 
dination  to,  and  governed  by  the  civil  power. 

XVIII.  That  the  people  have  a  right  to  aflemble  toge¬ 
ther,  to  confult  for  their  common  good,  to  inftrudt  their 
Reprefentatives,  and  to  apply  to  the  Legiflature  for  redrefs 
of  grievances. 

XIX.  That  all  men  have  a  natural  and  unalienable  right 
to  worfhip  Almighty  God,  according  to  the  dictates  of  their 
own  confciences. 

XX.  That  for  redrefs  of  grievances,  and  for  amending 
and  rtrengthening  the  laws,  elections  ought  to  be  often 
held. 

XXI.  That  a  frequent  recurrence  to  fundamental  princi¬ 
ples  is  abfolutely  neceftary,  to  preferve  the  blcllings  of 
liberty. 

XXII.  That  no  hereditary  emoluments,  privileges,  or 
honours  ought  to  be  granted  or  conferred  in  this  ftate. 


17  2 


CONSTITUTION  OP 


XXIIT.  That  perpetuities  and  monopolies  are  contrary  t*  ■ 
the  genius  of  a  free  Rate,  and  ought  not  to  be  allowed. 

XXIV.  That  retrofpe<5tive  laws,  punifhing  fads,  commit¬ 
ted  before  the  exiftence  of  fueh  laws,  and,  by  them  only, 
.declared  criminal,  are  oppreflive,  unjuft,  and  incompatible 
with  liberty;  wherefore  no  ex  pojl  fado  law  otight  to  be 
made. 

XXV.  The  property  of  the  foil,  in  a  free  government, 
being  one  of  the  effential  rights  of  the  collective  body  of  the 
people,  it  is  neceffary,  in  order  to  avoid  future  difputes,  that 
the  limits  of  the  Rate  fhould  be  afcertained  with  precifion  ; 
and  as  the  former  temporary  line,  between  North  and  Southu 
Carolina,  was  confirmed,  and  extended  by  commiffioners, 
appointed  by  the  Legiflatures  of  the  two  Rates,  agreeable  to 
the  order  of  the  late  king  George  II.  in  council,  that  line, 
and  that  only,  fhould  be  efteemed  the  fouthern  boundary  of 
this  Rate — that  is  to  fay,  beginning  on  the  fea  fide,  at  a 
cedar  Rake,  at  or  near  the  mouth  of  Little  river,  ('being  the 
fouthern  extremity  of  Brunfwic  county)  and  running  from 
thence  a  north-weft  courfe,  through  the  boundary  houfe, 
which  Rands  in  thirty-three  degrees  fifty-fix  minutes,  to 
thirty-five  degrees  north-latitude  ;  and  from  thence  a  weft 
courfe  fo  far  as  is  mentioned  in  the  charter  of  king  Charles 
II.  to  the  late  proprietors  of  Carolina.  Therefore  all  the 
territory,  feas,  waters  and  harbours,  with  their  appurte¬ 
nances,  lying  between  the  line  above  defcribed,  and  the 
fouthern  line  of  the  ftate  of  Virginia,  which  begins  on  the 
fea-fhore,  in  thirty-fix  degrees,  thirty  minutes,  north  lati¬ 
tude,  and  from  thence  runs  weft,  agreeable  to  the  faid  char¬ 
ter  of  King  Charles,  are  the  right  and  property  of  the  peo¬ 
ple  of  this  ftate,  to  be  held  by  them  in  fovereignty  ;  any 
partial  line,  without  the  confent  of  the  Legiflature  of  this 
ftate,  at  any  time  thereafter  direded  or  laid  out,  in  any  wife 
notwithftanding  :  Provided,  always.  That  this  declaration  of 
right  fhall  not  prejudice  any  nation  or  nations  of  Indians, 
from  enjoying  fuch  hunting  grounds  as  may  have  been,  or 
hereafter  fhall  be,  fecured  to  them,  by  any  former  or  future 
Legiflature  of  this  ftate  : — And  provided  aljn,  That  it  fhall 
not  be  conftrued,  fo  as  to  prevent  the  eftablifhmenr  of  one  or 
more  governments,  weftward  of  this  ftate,  by  confent  of  the 
Legiflature  : — And  provided  further ,  That  nothing  herein 


NORTH-CAROL  INA. 


4 


1 75 


Contained,  fiiall  affeft  the  titles  or  pofieftions  of  individuals, 
holding  or  claiming  under  the  laws  heretofore  in  force,  or 
grants  heretofore  made  by  the  late  king  George  II.  or  his 
predeceffors,  or  the  late  lords  proprietors,  or  any  of  them. 


The  Constitution  or  Form  of  Government,  &c. 

WHEREAS  allegiance  and  protection  are,  in  their  nature, 
reciprocal,  and  the  one,  Ihould  of  right  be  refufed,  when  the 
other  is  withdrawn  :  — 

And  whereas,  George  the  third,  King  of  Great  Britain, 
and  late  fovereign  of  the  Britifh  American  Colonies,  hath 
not  only  withdrawn  from  them  his  protection,  but,  by  an 
aft  of  the  Britifh  Legillature,  declared  the  inhabitants  of 
thefe  ftates  out  of  the  protection  of  the  Britifh  crown,  and 
all  their  property  found  upon  the  high  feas,  liable  to  be 
feized,  and  confifcated  to  the  ufes  mentioned  in  the  faid  a£i  ; 
and  the  faid  George  the  third,  has  alfo  fent  fleets  and  armies, 
to  profecute  a  cruel  war  againft  them,  for  the  pnrpofe  of  re¬ 
ducing  the  inhabitants  of  the  faid  colonies  to  a  hate  of  abject 
flavery  ;  in  confequence  whereof,  all  government  under  the 
faid  king,  within  the  faid  colonies,  hath  ceafed,  and  a  total 
diflolution  of  government,  in  many  of  them,  hath  taken 
place  : 

And  whereas,  the  continental  Congrefs,  having  confidered 
the  premifes,  and  other  previous  violations  of  the  rights  of 
the  good  people  of  America,  have  therefore  declared,  that 
the  thirteen  United  Colonies,  are,  of  right,  wholly  abfolved 
from  all  allegiance  to  the  Britifh  crown,  or  any  other  foreign 
jurifdi&ion  whatfoever  ;  and  that  the  faid  colonies  now  are, 
and  forever  fhall  be,  free  and  independent  ftates — 

Wherefore,  in  our  prefent  ftate,  in  order  to  prevent  anar¬ 
chy  and  confufion,  it  becomes  neceifary  that  government 
fhould  be  eftabliflied  in  this  ftate  ;  therefore,  We,  the  Repre- 
fentatives  of  the  freemen  of  North-Carolina,  chofen  and 
afiembled  in  Congrefs,  for  the  exprefs  purpofe  of  framing  a 
conftitution,  under  the  authority  of  the  people,  moft  condu¬ 
cive  to  their  happinefs  and  profperity,  do  declare,  that  a  go- 

CL 


*74 


CONSTITUTION  OF 


vernment  for  this  flate,  fhall  be  eflablifhed,  in  manner  and 
form  following,  to  wit, 

I.  That  the  legillative  authority  fhall  be  veiled  in  two 
dilrinft  branches,  both  dependent  on  the  people,  to  wit,  a 
Senate  and  Iioufe  of  Commons. 

II.  That  the  Senate  fhall  be  compofed  of  Reprefentatives, 
annually  chofen  by  ballot,  one  for  each  countiy  in  the  flate. 

III.  That  the  Houfe  of  Commons  fhall  be  compofed  of 
Reprefentatives  annually  chofen  by  ballot,  two  for  each 
county,  and  one  for  each  of  the  towns  of  Edenton, 
Newbern,  Wilmington,  Salifbury,  Hillfborough,  and  Halifax. 

IV.  That  the  Senate  and  Houfe  of  Commons,  affembled  for 
the  purpofe  of  legiflation,  fhall  be  denominated.  The  General 
Jjfembly. 

V.  That  each  member  of  the  Senate  fhall  have  ufually 
refided  in  the  county,  in  which  he  is  chofen,  for  one  year, 
immediately  preceding  his  election,  and  for  the  fame  time 
fhall  have  po defied,  and  continue  to  poffefs,  in  the  county 
which  he  reprefents,  not  lefs  than  three  hundred  acres  of 
land  in  fee. 

VI.  That  each  member  of  the  Houfe  of  Commons  fhall 
have  ufually  relided  in  the  county,  in  which  he  is  chofen, 
for  one  year  immediately  preceding  his  election,  and  for  fix 
months  fhall  have  pofleffed,  and  continue  to  poffefs,  in  the 
county  which  he  reprefents,  not  lefs  than  one  hundred  acres 
of  land  in  fee,  or  for  the  term  of  his  own  life. 

VII.  That  all  freemen,  of  the  age  of  twenty-one  years, 
who  have  been  inhabitants  of  any  one  county  within  the 
date  twelve  months,  immediately  preceding  the  day  of 
■any  election,  and  pofleffed  of  a  freehold,  within  the  fame 
county,  of  fifty  acres  of  land,  for  fix  months  next  before, 
and  at  the  day  of  election,  fhall  be  entitled  to  vote  for  a 
member  of  the  Senate. 

VIII.  That  all  freemen  of  the  age  of  twenty-one  years, 
who  have  been  inhabitants  of  any  one  county  within  the 
flate,  twelve  months  immediately  preceding  the  day  of  any 
election,  and  fhall  have  paid  public  taxes,  fhall  be  entitled  to 
vote  for  members  of  the  Houfe  of  Commons,  for  the  county, 
in  which  lie  refides. 

IX.  That  all  pet  fens,  pofleffed  of  a  freehold,  in  any  town 
in.  this  flate,  having  a  right 'of  rep  refer,  tation,  and  alfo  all 


NORTH-CAROLINA. 


ns , 

freemen,  who  have  been  inhabitants  of  any  fuch  town  twelve 
months  next  before,  and  at  the  day  of  ele&ion,  and  (hall  have, 
paid  public  taxes,  fhall  be  entitled  to  vote  for  a  member  to 
reprefent  fuch  town  in  the  Houfe  of  Commons  : — Provided 
always,  that  this  fection  fhall  not  entitle  any  inhabitant  cf 
fuch  town  to  vote  for  members  of  the  Houfe  of  Commons, 
for  the  county,  in  which  he  may  refide,  nor  any  freeholder  in 
fuch  county,  who  refides  without  or  beyond  the  limits  of 
fuch  town,  to  vote  for  a  member  for  faid  town. 

X.  That  the  Senate  and  Houfe  of  Commons,  when  met, 
fhall  each  have  power  to  choofe  a  Speaker,  and  other  their 
officers  ;  be  judges  of  the  qualifications  and  elections  of  their 
members  ;  fit  upon  their  own  adjournments  from  day  today  ; 
and  prepare  bills,  to  be  paffed  into  laws.  The  two  Houfes 
fhall  direft  writs  of  election,  for  fupplying  intermediate  va¬ 
cancies  ;  and  fhall  alfo  jointly,  by  ballot,  adjourn  themfelves 
to  any  future  day  and  place. 

1XT.  That  all  bills  fhall  be  read  three  times  in  each  Houfe, 
before  they  pafs  into  laws,  and  be  figned  by  the  Speakers  of 
both  Houfes. 

XII.  That  every  perfon,  who  fhall  be  chofen  a  member 
of  the  Senate  or  Houfe  of  Commons,  or  appointed  to  any 
office  or  place  of  trull,  before  taking  his  feat,  or  entering 
upon  the  execution  of  his  office,  fhall  take  an  oath  to  the 
Hate;  and  all  officers  fhall  alfo  take  an  oath  of  office. 

XIII.  That  the  General  Affembly  fhall,  by  joint  ballot  of 
both  Houfes,  appoint  Judges  of  the  Supreme  Courts  of  law 
and  equity,  Judges  of  Admiralty,  and  Attorney-General, 
who  ill  a  1 1  be  comrniffioned  by  the  Governor,  and  hold  their 
offices  during  good  behaviour. 

XIV.  That  the  Senate  and  Houfe  of  Commons,  fhall  have 
power  to  appoint  the  generals  and  field  officers  of  the  militia, 
and  all  officers  of  the  regular  army  of  this  ftate. 

XV.  That  the  Senate  and  Houfe  of  Commons,  jointly,  at 
their  firft  meeting  after  each  annual  eledion,  fhall  by  ballot, 
eled  a  Governor  for  one  year,  who  fhall  not  be  eligible  to 
that  office,  longer  than  three  years,  in  fix  fucceffive  years. 

1  hat  no  perfon,  under  thirty  years  of  age,  and  who  has 
not  been  a  relident  in  this  ftate  above  five  years,  and  hav¬ 
ing,  in  the  ftate,  a  freehold  in  lands  and  tenements,  above 
the  value  of  one  thoufand  pounds,  fhall  be  eligible  as  a 
Governor* 


CONSTITUTION  OF 


*76 

XVI,  That  the  Senate  and  Houfe  of  Commons,  jointly* 
at  their  firft  meeting,  after  each  annual  election,  fhall,  by 
ballot,  eled  feven  perfons,  to  be  a  Council  of  State  for  one 
year  ;  who  fhall  advife  the  Governor  in  the  execution  of  his 
office  ;  and  that  four  members  fhall  be  a  quorum  ;  their  ad¬ 
vice  and  proceedings  fhall  be  entered  in  a  journal,  to  be  kept 
for  that  purpofe  only,  and  figned  by  the  members  prefent  ;  to 
any  part  of  which,  any  member  prefent  may  enter  his  diffent. 
And  fuch  journal  fhall  be  laid  before  the  General  AfTembly 
when  called  for  by  them. 

XVII.  That  there  (hall  be  a  feal  of  this  date,  which  fhall 
be  kept  by  the  Governor,  and  ufed  by  him,  as  occafion  may 
require  ;  and  fliall  be  called,  The  Great  Seal  of  the  State  of 
Noith-Carollna ,  and  be  affixed  to  all  grants  and  commif- 
iions. 

XVIII.  The  Governor,  for  the  time  being,  fhall  be  Cap¬ 
tain  General,  and  Commander  in  Chief  of  the  militia  ;  and, 
in  the  recefs  of  the  General  Affiembly,  fnall  have  power,  by 
and  with  the  advice  of  the  Council  of  State,  to  embody  the 
militia,  for  the  public  fafety. 

XIX.  The  Governor,  for  the  time  being,  fhall  have  power 
to  draw  for,  and  apply  fuch  fums  of  money,  as  fliall  be  voted 
by  the  General  Affiembly,  for  the  contingencies  of  government, 
and  be  accountable  to  them  for  the  fame.  He  alfo  may,  by 
and  with  the  advice  of  the  Council  of  State,  lay  embargoes, 
or  prohibit  the  exportation  of  any  commodity,  for  any  term 
not  exceeding  thirty  days,  at  any  one  time  in  the  recefs  of 
the  General  Affiembly  ;  and  fliall  have  the  power  of  granting 
pardons  and  reprieves,  except  where  the  profecution  fhall  be 
carried  on  by  the  General  Affiembly,  or  the  law  fhall  other- 
wife  direct  ;  in  which  cafe,  he  may,  in  the  recefs,  grant  a 
reprieve  until  the  next  fitting  of  the  General  Affiembly  ;  and 
may  exercife  all  the  other  executive  powers  of  government, 
jiinited  and  reftrained,  as  by  this  conftitution  is  mentioned, 
and  according  to  the  laws  of  the  ffiate.  And  on  his  death,  ina¬ 
bility,  or  abfence  from  the  fiate,  the  Speaker  of  the  Senate, 
for  the  time  being,  (and  in  cafe  of  his  death,  inability,  or 
abiVnce  from  the  (late,  the  Speaker  of  the  Houfe  of  Commons) 
fhall  exercife  the  powers  of  government,  after  fuch  death,  or 
during  fuch  abfence  or  inability  of  the  Governor,  (or  Speaker 
of  the  Senate)  or  until  a  new  nomination  is  made  by  the 
General  Affiembly, 


NORTH-CAROLINA. 


*77: 


XX.  That  in  every  cafe,  where  any  officer,  the  right  of 
whole  appointment  is,  by  this  conftitution,  veiled  in  the 
General  Affembly,  fhall,  during  their  recefs,  die,  or  his  of¬ 
fice  by  other  means  become  vacant,  the  Governor  fhall  have 
power,  with  the  advice  of  the  Council  of  State,  to  fill  up 
fuch  vacancy,  by  granting  a  temporary  commiffion,  which 
fhall  expire  at  the  end  of  the  next  feffion  of  the  General 
Affembly. 

XXI.  That  the  Governor,  Judges  of  the  Supreme  Court 
of  Law  and  Equity,  Judges  ot  Admiralty,  and  Attorney- 
General,  fnall  have  adequate  falaries,  during  their  continu¬ 
ance  in  office. 

XXII.  That  the  General  AiTemblv  fhall,  by  joint  ballot, 
of  both  Houfes,  annually  appoint  a  Treafurer  or  Treafurers, 
for  this  flate. 

XXIII.  That  the  Governor,  and  other  officers,  offending 
againft  the  ftate,  by  violating  any  part  of  this  conflitution, 
mal-adminiftration,  or  corruption,  may  be  profecuted,  on  the 

I  impeachment  of  the  General  Alfembly,  or  prefentment  of 
the  Grand  Jury  of  any  Court  of  Supreme  Jurifdffition  in  this 
|  ftate. 

XXIV.  That  the  General  Affembly  fhall,  by  joint  bal¬ 
lot  of  both  Houfes,  triennially  appoint  a  Secretary,  for  this 
ftate. 


XXV.  That  no  perfons,  who  heretofore  have  been,  or 
hereafter  may  be,  receivers  of  public  monies,  fhall  have  a 
feat  in  either  Hotife  of  General  Affembly,  or  be  eligible  to 
any  office  in  this  ftate  until  fuch  perfon  fhall  have  fully 
accounted  for,  and  paid  into  the  Treafury,  all  fums,  for  which 
they  may  be  accountable  and  liable. 

XXVI.  That  no  Treafurer  fhall  have  a  feat,  either  in  the 
Senate,  Houfe  of  Commons,  or  Council  of  State,  during  his 
continuance  in  that  office,  or  before  he  fhall  have  finally  fet¬ 
tled  his  accounts  with  the  public,  for  all  the  monies,  which 
may  be  in  his  hands,  at  the  expiration  of  his  office,  belong¬ 
ing  to  the  ftate,  and  hath  paid  the  fame  into  the  hands  of  the 
fucceeding  Treafurer. 

XXVII.  That  no  officer  in  the  regular  army  or  navy,  in 
the  fervice  and  pay  of  the  United  States,  of  this  or  any  other 
ftate,  nor  any  contractor  or  agent  for  fupplying  fuch  army  or 
iuvy  with  cloathing  or  provifions,  fhall  have  a  feat  either 

Q-2 


CONSTITUTION  Of 


178 

in  the  Senate,  Houfe  of  Commons,  or  Council  of  State,  or 
be  eligible  thereto  ;  and  any  member  of  the  Senate,  Houfe  of 
Commons,  or  Council  of  State,  being  appointed  to,  and  ac¬ 
cepting  of,  fuch  office,  fhall  thereby  vacate  his  feat. 

XXVIII.  That  no  member  of  the  Council  of  State  fhall 
have  a  feat,  either  in  the  Senate  or  Houfe  of  Commons. 

XXIX.  That  no  Judge  of  the  Supreme  Court  of  Law  or 
Equity,  or  Judge  of  Admiralty,  fhall  have  a  feat  in  the  Senate, 
Houfe  of  Commons,  or  Council  of  State. 

XXX.  That  no  Secretary  of  this  flate,  Attorney-General 
or  Clerk  of  any  Court  of  Record,  fliall  have  a  feat  in  the 
Senate,  Houfe  of  Commons,  or  Council  of  State. 

XXXI.  That  no  clergyman,  cr  preacher  of  the  gofpel, 
of  any  denomination,  fliall  be  capable  of  being  a  member 
of  either  the  Senate,  Houfe  of  Commons,  or  Council  of  State, 
while  he  continues  in  the  exercife  of  the  pafioral  function. 

XXXII.  That  no  perfon,  who  fhall  deny  the  being  of 
God,  or  the  truth  of  the  Frcteftant  religion,  or  the  divine 
authority  either  of  the  Old  or  New  Teflaments,  or  who  fhall 
held  religious  principles  incompatible  with  the  freedom  and 
faiety  of  the  ftate,  fhall  be  capable  of  holding  any  office, 
or  pmee  of  trull  or  profit,  in  the  civil  department,  with¬ 
in  this  flate. 

XXXIII.  That  the  Juflices  of  the  Peace,  within  their 
refpeftive  counties  in  this  flate,  fhall  in  future  be  recom¬ 
mended  to  the  Governor  for  the  time  being,  by  the  Repre- 
fentatives  in  General  AfTembly  ;  and  the  Governor  fhall 
commiffion  them  accordingly  :  and  the  Juftices  when  fo 
cemmiffioned,  fhali  hold  their  offices  during  good  behaviour, 
and  fhall  not  be  removed  from  office  by  the  General  AfTembly  ; 
unlefs  for  mifbehaviour,  abfence,  Gr  inability, 

XXXIV.  That  there  fhall  be  no  eflablifhment  of  any  one 
religious  church  or  denomination  in  this-  flate,  in  preference 
to  any  other;  neither  fnall  any  perfon,  on  any  pretence 
whatfoever,  be  compelled  to  attend  any  place  of  werfhip 
contrary  to  his  own  faith  or  judgment,  nor  be  obliged  to  pay, 
for  the  purchafe  of  any  glebe,  or  the  building  of  any  houfe 
of  worfhip,  or  for  the  maintenance  of  any  minifler  or  rninif- 
try,  contrary  to  what  he  believes  right,  or  has  voluntarily 
and  perfonaliy  engaged  to  perform  ;  but  all  perfons  fhall  be 
at  liberty  to  exercife  their  own  mode  of  worfhip  :  Provided) 


NORTH-CAROLINA. 


179 


That  nothing  herein  contained  fhall  be  conftrued  to  exempt 
preachers  of  trealonabie  or  feditious  difeourfes,  from  legal 
trial  and  punifhment. 

XXXV.  That  no  perfon  in  the  ftate  fliall  hold  more  than 
one  lucrative  office,  at  any  onetime  :  Provided,  that  no  appoint¬ 
ment  in  the  militia,  or  the  office  of  a  Juitice  of  the  Peace, 
fhall  be  conlidered  as  a  lucrative  office. 

XXXVI.  That  all  commiffions  and  grants  fhall  run  in  the 
name  of  the  ftate  of  North-Carolina,  and  bear  tefl,  and  be 
figned  by  the  Governor.  All  writs  ihall  run  in  the  fame 
manner,  and  bear  tefl,  and  be  figned  by  the  Clerks  of  the 
refpedive  courts.  Indictments  ihall  conclude,  Agaivfi  the 
peace  and  dignity  of  the  fate, 

XXXVII.  That  the  Delegates  for  this  ftate,  to  the  Con- 
lir  ental  Congrefs  while  neceifary,  fhall  be  chofen  annually 
the  General  Affembly,  by  ballot ;  but  may  be  fuperfeded, 
in  the  mean  time,  in  the  fame  manner  ;  and  no  perfon  fhall 
be  elected,  to  ferve  in  that  capacity,  for  more  than  three 
years  fucceffively. 

XXXVIII.  That  there  fliall  be  a  Sheriff,  Coroner  or  Co¬ 
roners,  and  Conftables,  in  each  county  within  this  ftate. 

XXXIX.  That  the  perfon  of  a  debtor,  where  there  is 
not  a  ftrong  prefumption  of  fraud,  fhall  not  be  continued  in 
prifon,  after  delivering  up  bona  fide ,  all  his  eftate  real  and 
perfonal,  for  the  ufe  of  his  creditors,  in  fuch  manner  as  fhall 
be  hereafter  regulated  by  law.  All  prifoners  fhall  be  baila¬ 
ble  by  fufficient  fureties,  unlefs  for  capital  offences,  when 
the  proof  is  evident,  or  the  prefumption  great. 

XL.  That  every  foreigner,  who  comes  to  fettle  in  this 
ftate,  having  firit  taken  an  oath  of  allegiance  to  the  fame, 
may  purchafe,  or,  by  other  juft  means,  acquire,  hold,  and 
transfer  land,  or  other  real  eftate  ;  and  after  one  year’s  re- 
fidence,  fhall  be  deemed  a  free  citizen. 

XLI.  That  a  fchool  or  fchools  Ihall  be  eftablifhed  by  the 
Legiflature,  for  the  convenient  inftrudfion  of  youth,  with 
fuch  falaries  to  the  matters,  paid  by  the  public,  as  may  ena¬ 
ble  them  to  inftrudt  at  low  prices  ;  and  all  ufeful  learning 
fhall  be  duly  encouraged  and  promoted,  in  one  or  more  uni- 
verfities. 

XL1I.  That  no  purchafe  of  lands  fhall  be  made  of  the 
Indian  natives,  but  on  behalf  of  the  public,  by  authority  of 
the  General  Affembly. 


CONSTITUTION  OF 


i  So 

XLIII.  That  the  future  Legislature  of  this  flate  Shall  re¬ 
gulate  entails,  in  fuch  a  manner  as  to  prevent  perpetuities. 

XLIV.  That  the  declaration  of  rights  is  hereby  declared 
to  be  part  of  the  constitution  of  this  date,  and  ought  never 
to  be  violated,  on  any  pretence  whatfoever. 

XLV.  That  anv  member  of  either  Houfe  of  General  Af- 
fembly  fhall  have  liberty  to  diffent  from,  and  protefl  againft 
any  ad  or  refolve,  which  he  may  think  injurious  to  the  pub¬ 
lic,  or  any  individual,  and  have  the  reafons  of  his  diffent 
entered  on  the  journals. 

XLVI.  That  neither  Houfe  cf  the  General  AfTembly 
fhall  proceed  upon  public  bufmefs,  unlefs  a  majority  of  all 
the  Members  of  fuch  Houfe  ate  adually  prefent :  and  that, 
upon  a  motion  made  and  feconded,  the  yeas  and  nays,  upon 
any  queftion,  fhall  be  taken  and  entered  on  the  journals:  and 
that  the  journals  of  the  proceedings  of  both  Houfes  of  the 
General  AfTembly  fhall  be  printed,  and  made  public,  immedi¬ 
ately  after  their  adjournment. 

This  conftitution  is  not  intended  to  preclude  the  prefent 
Congrefs  from  making  a  temporary  provifion,  for  the  well 
ordering  of  this  ftate,  until  the  General  AfTembly  fhall  efta- 
blifh  government,  agreeable  to  the  mode  herein  before  de¬ 
scribed. 

RICHARD  CASWELL,  Prefident. 

December  the  eighteenth,  one  thoufand  feven  hundred  and 
feventy-fix,  read  the  third  time,  and  ratified  in  open 
Congrefs. 

By  order, 

James  Green,  Jun.  Secretary * 

SOUTH-CAROLINA. 

The  CONS  TITUTION  of  the  State  of  South.  Carolina, 

WE,  the  Delegates  of  the  people  of  the  ftate  of  South- 
Carolina  in  General  Convention  met,  do  ordain  and 
efiablifh  this  conflitution  for  its  government. 


SOUTH-C  AROLIN  A.  1 3 1 

ARTICLE  I. 

Section  I.  The  legiflative  authority  of  this  fcate  fhall 
be  vetted  in  a  General  Affembly,  which  fiiall  confift  of  a 
Senate  and  Houfe  of  Reprefentatives, 

II.  The  Houfe  of  Reprefentatives  (hall  be  compofed  of 
members,  chofen  by  ballot,  every  fecond  year,  by  the  citi¬ 
zens  of  this  ftate,  qualified,  as  in  this  conftitution  is  pro¬ 
vided. 

III.  The  feveral  eledion  dittridls,  in  this  ttate,  fhall  ele<ffc 
the  following  number  for  Reprefentatives,  viz. 


Charletton,  (including  St.  1 
Philip  and  St.  Michael)  J 

Fifteen  Members 

Chritt  Church, 

Three  Members 

St.  John,  Berkley, 

Three  Members 

St.  Andrew, 

Three  Members 

St.  George,  Dorchetter, 

Three  Members 

St.  James,  Goofe  Creek, 

Three  Members 

St.  Thomas  and  St.  Dennis, 

Three  Members 

St.  Paul, 

Three  Members 

St.  Bartholomew, 

Three  Members 

St.  James,  Santee, 

Three  Members 

St.  John,  Colleton, 

Three  Members 

St.  Stephen, 

Three  Members 

St.  Helena, 

Three  Members 

St.  Luke, 

Three  Members 

Prince  William, 

Three  Members 

St.  Peter, 

Three  Members 

All  Saints,  (including  its  ancient  1 
boundaries,)  j 

One  Member 

Winy  aw,  (not  including  any  part  1 
of  All  Saints)  J 

j>  Three  Members 

Kingfton,  (not  including  any  part  J 
of  All  Saints)  J 

j>  Two  Members 

Williamfburgh, 

Two  Members 

Liberty, 

Two  Members 

Marlborough, 

Two  Members 

Cheflerfield, 

Two  Members 

Darlington, 

Two  Members 

York, 

Three  Members 

Chefter, 

Two  Members 

Fairfield, 

Two  Members 

i$2  CONSTITUTION  OF 


Richland, 

Two  Members 

Lancafter, 

Two  Members 

Kerfhaw, 

Two  Members 

Claremont, 

Two  Members 

Clarendon, 

Two  Members 

Abbeville, 

Three  Members 

Edgefield, 

Three  Members 

Newbury,  (including the  fork  be-  \ 

Three  7VT(*mhers 

tween  broad  andbaiuda  rivers)  J 

Laurens, 

Three  Members 

Union, 

Two  Members 

Spai  tan, 

Two  Members 

Greenville, 

Two  Members 

Pendleton, 

Three  Member* 

St.  Matthew, 

Two  Members 

Orange, 

Two  Members 

Winton,  (including  the  diftrict  be- 

tween  Savannah  river  and  the 

Three  Members 

north  fork  of  Edifto)  J 

[  . 

Saxe  Gotha, 

Three  Members. 

IV.  Every  free  white  man,  of  the  age  of  twenty-one 

years,  being  a  citizen  of  this  ftate,  and  having  refided  therein 
two  years,  previous  to  the  day  of  election,  and  who  hath  a 
freehold  of  fifty  acres  cf  land,  or  a  town  lot,  of  which  he 
hath  been  legally  feifed  and  poffeffed,  at  lead  fix  months 
before  fuch  election,  or,  (not  having  fuch  freehold  or  town 
lot)  hath  been  a  refident  in  the  election  diftritT,  in  which  he 
offers  to  give  his  vote  fix  months  before  the  Fa  id  election,  and 
hath  paid  a  tax  the  preceding  yearef  three  fhillings  fteriing, 
towards  the  fupport  of  this  government,  fhall  have  a  right 
to  vote  fora  member  or  members,  to  ferve  in  either  branch  of 
the  Legiflature,  for  the  election  diftrift,  in  which  he  holds 
fuch  property,  or  is  fo  refident. 

V.  The  returning  officer,  or  any  other  perfon  prefent, 
entitled  to  vote,  may  require  any  perfon,  who  fhall  offer  his 
vote  at  an  election,  to  produce  a  certificate  of  his  citizen- 
fhip,  and  a  receipt  from  the  tax  collector,  of  his  having  paid  a 
tax,  entitling  him  to  vote,  or  to  fwear  or  affirm,  that  he  is 
duly  qualified  to  vote  agreeably  to  this  confiitution. 

VI.  No  perfon  fhall  be  eligible  to  a  feat  in  the  Houfe  of 
Reprefentatives,  unlefs  he  is  a  free  white  man,  of  the  age  of 


NORTH-CAROLINA. 


twenty. one  years,  and  hath  been  a  citizen  and  refident  in 
this  ftate,  three  years  previous  to  his  eledion.  If  a  refident 
in  the  eledion  diftrid,  he  fhall  not  be  eligible  to  a  feat  in 
the  Houfe  of  Reprefentatives,  unlefs  he  be  legally  feifed  and 
poflefled,  in  his  own  right,  of  a  fettled  freehold  eftate,  of  five 
hundred  acres  of  land,  and  ten  negroes  ;  or  of  a  real  eftate, 
of  the  value  of  one  hundred  and  fifty  pounds  fterling,  clear 
of  debt.  If  a  non-refident,  he  fhall  be  legally  feifed  and  pof- 
fefled  of  a  fettled  freehold  eftate  therein,  of  the  value  of  five 
hundred  pounds  fterling,  clear  of  debt. 

VII.  The  Senate  fhall  be  compofed  of  members,  to  be 
chofen  for  four  years,  in  the  following  proportions,  by  the 
citizens  of  this  ftate,  qualified  to  eled  members  to  the  Houfe 
of  Reprefentatives,  at  the  fame  time,  in  the  fame  manner,  and 
at  the  fame  places,  where  they  fhall  vote  for  Reprefentatives, 
viz. 

Charlefton,  (including  St. 

Philip  and  St.  Michael)  J 
Chrift  Church, 

St.  John,  Berkley, 

St.  Andrew, 

St.  George, 

St.  James,  Goofe  Creek, 

St.  Thomas  and  St.  Dennis, 

St.  Paul, 

St.  Bartholomew, 

St.  James,  Santee, 

St.  John,  Colleton, 

St.  Stephen, 

St.  Helena, 

St.  Luke, 

Prin  ce  William, 

St.  Peter, 

All  Saints, 

Winyaw  and  Williamfburgh, 

Liberty  and  Kingfton, 

Marlborough,  Chefterfield,  and  1 
Darlington,  J 

York, 

Fairfield,  Richland,  and  Chefter, 

-Lancafter  and  Kerfhaw, 


Two  Members 

One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 
One  Member 

Two  Members 

One  Member 
One  Member 
One  Member 


1 84 


CONSTITUTION  OF 


Claremont  and  Clarendon,  One  Member 

Abbeville,  One  Member 

Edgefield,  One  Member 

Newbury  (including  the  fork  be-  1  Mcmber 
tween  Broad  and  Saluda  rivers,  J 
Laurens,  One  Member 


Union, 

Spartan, 

Greenville, 

Pendleton, 

St.  Matthew  and  Orange, 

Winton,  (including  the  diftrid  be-  "1 

S!q  vonnun  riupr  unrl  tnp  V 


One  Member 
One  Member 
One  Member 
One  Member 
One  Member 


tween  Savannah  river  and  the  >One  Member 


north  fork  of  Edifto,) 
Saxe  Gotha, 


I 


One  Member. 


VIII.  No  perfon  fhall  be  eligible  to  a  feat  in  the  Senate, 
unlefs  he  is  a  free  white  man,  of  the  age  of  thirty  years, 
and  hath  been  a  citizen  and  refident  in  this  ftate  five  year* 
previous  to  his  election.  If  a  refident  in  the  eledion  diftrid, 
he  fhall  not  be  eligible  unlefs  he  be  legally  feized  and  pof- 
felfed,  in  his  own  right,  of  a  fettled  freehold  eftate  of  the 
value  of  three  hundred  pounds  fterling,  clear  of  debt.  If  a 
non-refident  in  the  election  diftrid,  he  fhall  not  be  eligible, 
unlefs  he  be  legally  feized  and  poffefTed,  in  his  own  right, 
of  a  fettled  freehold  eftate  in  the  faid  diftrid  of  the  value  of 
one  thoufand  pounds  fterling,  clear  of  debt. 

IX.  Immediately  after  the  Senators  fhall  be  aftembled, 
in  confequence  of  the  firft  eledion,  they  fhall  be  divided  by 
lot  into  two  claffes.  The  feats  of  the  Senators  of  the  firft 
clafs  fhall  be  vacated  at  the  expiration  of  the  fecond  year, 
and  of  the  fecond  clafs  at  the  expiration  of  the  fourth  year  ; 
fo  that  one-half  thereof,  as  near  as  pofiible,  may  be  chofen, 
forever  thereafter,  every  fecond  year,  for  the  terra  of  four 
years. 

X.  Senators,  and  Members  of  the  Houfe  of  Reprefenta- 
tives,  fhall  be  chofen  on  the  fecond  Monday  in  Odober  next, 
and  the  day  following,  and  on  the  fame  days,  in  every  fe¬ 
cond  year  thereafter,  in  fuch  manner  and  at  fuch  times  as 
are  herein  direded  : — and  fhall  meet  on  the  fourth  Monday 
in  November  annually  at  Columbia,  (which  fhall  remain  the 
feat  of  government,  until  otherwife  determined,  by  the  con- 


SOU  FH'CAROLINA. 


currcnee  of  two-thirds  of  both  branches  of  the  whole  repre- 
fentation)  unlefs  the  cafualties  of  war,  or  contagious  difor- 
ders,  fhould  render  it  unfafe  to  meet  there  ;  in  either  of  which 
cafes,  the  Governor,  or  Commander  in  Chief  for  the  time 
being,  may,  by  proclamation,  appoint  a  more  fecure  and 
convenient  place  of  meeting. 

XL  Each  Houfe  (hall  judge  of  the  cle&ions,  returns  and 
qualifications  of  its  own  Members  ;  and  a  majority  of  each 
Houfe  (hall  conftitute  a  quorum  todobufinefs  :  but  a  fmaller 
-number  may  adjourn  from  day  to  day,  and  may  be  authorifed 
to  compel  the  attendance  of  abfent  Members  in  fuch  manner, 
and  under  fuch  penalties,  as  may  be  provided  by  law. 

XII.  Each  Houfe  (hall  choofe  by  ballot  its  own  officers, 
determine  its  rules  of  proceeding,  punifh  its  Members  for 
diforderly  behaviour,  asd  (with  the  concurrence  of  two- 
thirds)  expel  a  Member,  but  not  a  fecond  time  for  the  fame 
caufe. 

XIII.  Each  Houfe  may  punifli,  by  imprifonment,  during 
fitting,  any  perfon  not  a  Member,  who  (hall  be  guilty  of 
difrefpeft  to  the  Houfe,  by  any  diforderly  or  contemptuous 
behaviour  in  its  prefence — or  who,  during  the  time  of  its 
fitting,  (hall  threaten  harm  to  the  body  or  eftate  of  any 
Member,  for  any  thing  faid  or  done  in  either  Houfe — or 
who  (hall  affault  any  of  them  therefor — or  who  (hall  affauk 
or  arreft  any  witnefs,  or  other  perfon  ordered  to  attend  the 
Houfe,  in  his  going  to,  or  returning  therefrom,  or  w ho  (hall 
refcue  any  perfon  arretted  by  order  of  the  Houfe. 

XIV.  The  Members  of  both  Houfes  (hall  be  protected,  i«- 
their  perfons  and  eftates,  during  their  attendance  on,  going 
to,  and  returning  from,  the  Legifature,  and  ten  days  pre^ 
vious  to  their  fitting,  and  ten  days  after  the  adjournment  of 
the  Legifature.  But  thefe  privileges  fhall  not  be  extended, 
fo  as  to  protect  any  Member  who  (hall  be  charged  with  treafon, 
felony,  or  breach  of  the  peace. 

XV.  Bills  for  railing  a  revenue  (hall  originate  in  the  Houfe 
of  Rcprefentatives,  but  ma'y  be  altered,  amended,  or  re¬ 
jected  by  the  Senate, 

All  other  bills  may  originate  in  either  Houfe,  and  may  be 
amended,  altered,  or  rejected  by  the  other. 

XVI.  No  bill  or  o-dinance  (hall  have  the  force  of  law, 
until  it  fhall  have  been  read  three  times,  and  on  three  fe ve¬ 
il 


CONSTITUTION  OF 


186- 

ral  days,  in  each  Houfe,  has  had  the  Great  Seal  affixed  to  if, 
and  has  been  figned  in  the  Senate-Houfe,  by  the  Prefident  of 
the  Senate,  and  Speaker  of  the  Houfe  of  Reprefentatives. 

XVII.  No  money  (hall  be  drawn  out  of  the  public  trea¬ 
sury,  but  by  the  legislative  authority  of  the  ftate. 

XVIII.  The  Members  of  the  Legislature,  who  fhall  af- 
femble  under  this  conftitution,  Shall  be  entitled  to  receive  out 
of  the  public  treafury,  as  a  compenfation  for  their  expenfes, 
a  futn,  not  exceeding  feven  Shillings  Sterling  a  day,  during 
their  attendance  on,  going  to,  and  returning  from  the  Legis¬ 
lature  ;  but  the  fame  may  be  increafed  or  diminished  by  law, 
if  circumstances  Shall  require  :  but  no  alterations  Shall  be 
made  by  any  Legislature,  to  take  effedl  during  the  existence  of 
the  Legidature,  which  Shall  make  Such  alteration. 

XIX.  Neither  Houfe  Shall,  during  their  feffion,  without 
the  content  of  the  other,  adjourn  for  more  thaa  three  days, 
nor  to  any  other  place  than  that  in  which  the  two  Houfes 
Shall  be  fitting. 

XX.  No  bill  or  ordinance,  which  Shall  have  been  rejected 
by  either  Houfe,  Shall  be  brought  in  again  during  the  fitting, 
without  leavy  of  the  Houfe,  and  notice  of  fix  days  being 
previously  giyen. 

XXI.  No  perfon  Shall  be  eligible  to  a  feat  in  the  Legisla¬ 
ture  whilst  hct  holds  any  office  of  profit  or  truft  under  this 
State,  the  United  States,  or  either  of  them,  dr  under  any 
other  power — except  officers  in  the  militia,  arrfiy  or  navy  of 
this  ftate.  Justices  of  the  Peace,  or  JuStices  of  the  County 
Courts,  while  they  receive  no  falaries  ;  nor  Shall  any  con¬ 
tractor  of  the  army  or  navy  of  this  ftate,  the  United  States, 
or  either  of  them,  or  the  agents  of  fuch  contractor,  be  eligi¬ 
ble  to  a  feat  in  either  Houfe.  And  if  any  Member  Shall  accept 
or  exercife  any  of  the  faid  difqualifying  offices,  he  Shall  va¬ 
cate  his  feat. 

XXII.  If  any  election  diftriT  Shall  negleft  to  choofe  a 
Member  or  Members,  on  the  days  of  election,  or  if  any  per¬ 
son  chofen  a  Member  of  either  Houfe  Should  refufe  to  qualify 
and  take  his  feat,  or  Should  die,  depart  the  ftate,  or  accept 
of  any  difqualifying  office,  a  writ  of  election  Shall  be  iSTued 
by  the  Prefident  of  the  Senate  or  Speaker  of  the  Houfe  of 
Reprefentatives,  (as  the  cafe  may  be)  for  the  purpofe  of  filling 
up.  the  vacancy  thereby  occasioned,  for  the  remainder  of  the 


SOUTH -CAROLINA. 


rS? 


term,  for  which  the  perfon,  fo  refilling  to  qualify,  dying,  de¬ 
parting  the  ftate,  or  accepting  a  disqualifying  office,  was 
eledled  to  ferve. 

XXIII.  And  whereas  the  minifters  of  the  gofpel  arc,  by 
their  profeffion,  dedicated  to  the  fervice  of  God,  and  the  care 
of  fouls,  and  ought  not  to  be  diverted  from  the  great  duties 
of  their  fundlion  ;  therefore,  no  minifter  of  the  gofpsl,  or 
public  preacher,  of  any  religious  perfuafion,  whillt  he  con¬ 
tinues  in  theexercife  of  his  paftoral  functions,  (hall  be  eligi¬ 
ble  to  the  office  of  Governor,  Lieutenant  Governor,  or  to 
a  feat  in  the  Senate,  orHoufe  of  Reprefentatives. 


ARTICLE  II. 

I.  The  executive  authority  of  this  ftate  fh all  be  Inverted 
in  a  Governor,  to  be  chofen  in  manner  following  :  as  foou 
as  may  be,  after  the  firft  meeting  of  the.  Senate  and  Houfe  of 
Reprefentatives,  and  at  every  firft  meeting  of  the  Houfe  of 
Reprefentatives  thereafter,  when  a  majority  of  both  Houfes 
fhall  be  prefent,  the  Senate  and  Houfe  ot  Reprefentatives 
fhall,  jointly,  in  the  Houfe  of  Reprefentatives,  choofe,  by  ba1- 
lot,  a  Governor,  to  continue  for  two  years,  and  until  a  new 
elecfion  fhall  be  made. 

II.  No  perfon  fhall  be  eligible  to  the  office  of  Governor, 
uniefs  he  hath  attained  the  age  of  thirty  years,  and  hath  re- 
fided  within  this  ftate,  and  been  a  citizen  thereof,  ten  years, 
and  unlefs  he  be  feifed  and  polTeffed  of  a  fettled  eftate  within 
the  fame,  in  his  own  right,  of  the  value  of  fifteen  hundred 
pounds  fterling,  clear  of  debt. 

No  perfon  having  ferved  two  years  as  Governor,  fhall  be 
re-eligible  to  that  office,  till  after  the  expiration  of  four 
years. 

No  perfon  final!  hold  the  office  of  Governor,  and  any  other 
office,  or  commiffion,  civil  or  military  (except  in  the  mi  it  is ) 
cither  in  this  ftate,  or  under  any  ftate,  or  the  United  States, 
or  any  other  power,  at  one  and  the  fame  time. 

III.  A  Lieutenant  Governor  fhall  be  chofen,  at  the  fame 
time,  in  the  fame  manner,  continue  in  office  for  the  fame  pe¬ 
riod,  and  be  poifeffed  of  the  fame  qualifications,  as  the  Go¬ 
vernor. 

IV.  A  Member  of  the  Senate  or  Houfe  of  Reprefentatives, 
being  chofen,  and  ailing  as  Governor  or  Lieutenant  Govern- 


1 88 


CONSTITUTION  OF 


or,  fhall  vacate  his  feat,  and  another  perfon  fhall  be  ele&ed 
in  his  Head. 

V.  In  cafe  of  the  impeachment  of  the  Governor,  or  his 
removal  from  office,  death,  refignation,  or  abfence  from  the 
ftate,  the  Lieutenant  Governor  (hall  fucceed  to  his  office. 
And  in  cafe  of  the  impeachment  of  the  Lieutenant  Governor, 
or  his  removal  from  office,  death,  refignation,  or  abfence 
Lorn  the  ftate,  the  Frefident  of  the  Senate  (hall  fucceed  to  his 
office,  till  a  nomination,  to  thofe  offices  refpeCtively,  fhall 
be  made  by  the  Senate,  and  Houfe  of  Reprefentatives,  for 
t  he  remainder  of  the  time,  for  which  the  officer,  fo  impeach¬ 
ed,  removed  from  office,  dying,  refigning,  or  being  abfent, 
was  elefted. 

VI.  The  Governor  fhall  be  Commander  in  Chief  of  the  ar¬ 
my  and  navy  of  this  ftate,  and  of  the  militia,  except  when 
ihey  fhall  be  called  into  the  aCtual  fervicc  of  the  United 
States. 

VII.  He  fhall  have  power  to  grant  reprieves  and  pardons, 
after  conviction  (except  in  cafes  of  impeachment)  in  fuch 
manner,  on  fuch  terms,  and  under  fuch  reftriCtions,  as  her 
ihall  think  proper;  and  he  fhall  have  power  to  remit  fines 
and  forfeitures  unlefs  otherwife  directed  by  law. 

VIII.  He  fhall  take  care,  that  the  laws  be  faithfully  ex¬ 
ecuted  in  mercy. 

IX.  He  fhall  have  power  to  prohibit  the  exportation  of  pro- 
vifion,  for  any  time,  not  exceeding  thirty  days. 

X.  He  fhall,  at  dated  times,  receive,  for  his  fervices,  a 
compenfation,  which  fhall  neither  be  increafed  or  diminifhed, 
during  the  period  for  which  he  fhall  have  been  eleCted. 

XI.  All  officers  in  the  executive  department,  when  re¬ 
quired  by  the  Governor,  fhall  give  him  information  in  writ¬ 
ing,  upon  any  fubjeft,  relating  to  the  duties  of  their  re¬ 
spective  offices. 

XII.  The  Governor  fhall,  from  time  to  time,  give  to  the 
General  Affiembly  information  of  the  condition  of  the  ftate, 
and  recommend  to  their  confideration  fuch  meafures  as  he  fhall 
judge  necelTary  or  expedient. 

XIII.  He  may,  on  extraordinary  occaftons,  convene  the 
General  Affiembly,  and  in  cafe  of  difagrefement  between  the 
two  Houfes  with  refpeft  to  the  time  of  adjournment,  adjourn 
them  to  fuch  time  as  he  fhall  think  proper,  not  beyond  the 
fourth  Monday  in  the  month  of  November  then  enfuing. 


'  SOUTH-CAROLINA, 


ARTICLE  III. 

].  The  judicial  power  fhali  be  veiled  in  fuch  Supeiiorand 
Inferior  Courts  of  Law  and  Equity,  as  the  Legiilature  lhali, 
from  time  to  time,  direct  and  etlablifh. 

The  Judges  of  each  lhali  hold  their  commiffions  during 
good  behaviour  ;  and  Judges  of  the  Superior  Courts  fhail,  at 
llated  times,  receive  a  compenfation  for  theii  fervices,  which 
fhail  neither  be  increafed  or  diminifhed  during  their  conti¬ 
nuance  in  office  ;  but  they  fhail  receive  no  fees,  or  perquifites 
of  office,  nor  hold  any  other  office  of  profit  or  trufi,  under 
this  ilate,  the  United  States,  or  any  other  power. 

II.  The  ilyle  of  all  procefies  fhail  be,  “  The  State  of  South- 
Carolina.”- — All  profecutions  fhali  be  carried  on  in  the  name 
and  by  the  authority  of  the  Hate  of  South-Carolina,  and  coim 
elude — u  againfl  the  peace  and  dignity  of  the  fame,” 

ARTICLE  IV. 

All  perfons,  who  fhali  be  chofen  or  appointed  to  any  office 
of  profit  or  trufi,  before  entering  on  the  execution  thereof, 
fhali  take  the  following  oath  ;  “  I  do  fvvear,  [or  affirm]  that 
I  am  duly  qualified,  according  to  the  conflitution  of  this 
flate,  to  exercife  the  office,  to  which  I  have  been  appointed, 
and  will,  to  the  bell  of  my  abilities,  difeharge  the  duties 
thereof  and  preferve,  proteft,  and  defend  the  conflitution  of 
this  Hate,  and  of  the  United  States.” 


ARTICLE  V. 

I.  The  Houfe  of  Reprefcntatives  fhali  have  the  foie  power 
of  impeaching  ;  bat  no  impeachment  fhali  be  made,  unlefs 
with  the  concurrence  of  two-thirds  of  the  Houfe  of  Repre¬ 
fen  tat  ives. 

II.  All  impeachments  fhail  be  tried  by  the  Senate.  When 
fitting  for  that  purpofe,  the  Senators  fhail  be  on  oath,  or 
affirmation  ;  and  no  perfon  fhali  be  convided  without  tbe 
concurrence  of  two-thirds  of  the  members  prefent. 

III.  The  Governor,  Lieutenant-Governor,  and  all  the 
civil  officers, ‘fhail  be  liable  to  impeachment,  for  any  mifde- 
meanor  in  office  :  but  judgment  in  fuch  cafes,  fhail  not  ex¬ 
tend  further  than  to  a  rmoval  from  office,  and  difqualifica- 
tion  to  hold  any  office  of  honour,  trufi,  or  profit,  under 
this  fiatcu — The  party  convicted  (hall  neverihelefs  be  liable 

R  2 


»9o  CONSTITUTION  OF 

to  indictment,  trial,  judgment,  and  poniffiment,  according 
to  law. 


ARTICLE  VI. 

I.  The  Judges  of  the  Superior  Courts,  Commiffioners  of 
the  Treafury,  Secretary  of  the  State,  and  Surveyor-General, 
lhall  be  elected  by  the  joint  ballot  of  both  Houfes,  in  the 
Houfe  of  Reprefentatives.  The  Commidioners  of  the  Trea¬ 
fury,  Secretary  of  this  date,  and  Surveyor-General,  (ball 
hold  their  offices  for  four  years :  but  fhall  not  be  eligible 
.■gain  for  four  years,  after  the  expiration  of  the  time  for 
which  they  (hall  have  been  elefted. 

II.  All  other  officers  fhall  be  appointed,  as  they  hitherto 
l  ave  been,  until  otherwife  directed  by  law  ;  but  Sheriffs  fhail 
hold  their  offices  for  four  years,  and  not  be  again  eligible, 
for  four  years  after  the  term  for  which  they  fhall  have  been 
elected. 

III.  All  commiffions  fhall  be  in  the  name,  and  by  the 
authority  of  the  date  of .South-Carolina,  and  be  fealed  with 
the  feal  of  the  date,  and  be  dgned  by  the  Governor. 

ARTICLE  VII. 

All  laws,  of  force  in  this  dare,  at  the  paffmg  of  this  con. 
flitution,  {hall  fo  continue,  until  aitered  or  repealed  by  the 
Legiflature,  except  where  they  are  temporary,  in  which  cafe 
they  fhall  expire,  at  the  times  refpedtively  limited  for  their 
duration,  if  not  continued  by  a<fi  of  the  Legiflature. 

ARTICLE  VIII. 

I.  The  free  exercife  and  enjoyment  of  religious  profeffion 
and  worfhip,  without  diferimination  or  preference,  fhall,  for¬ 
ever  hereafter,  be  allowed  within  this  date  to  all  mankind  ; 
provided,  that  the  liberty  of  confcience,  thereby  declared, 
fhall  not  be  Jb  cpyidrued  as  to  excufe  adts  of  licentioufnefs,  or 
judify  i?fattices  inconfident  with  the  peace  or  fafety  of  this 
date./ 

JL  The  ngjLitf,  privileges,  immunities  and  edates  of  both 
ci  viKancPrel  igious  fociefies,  and  of  corporate  bodies,  fhall 
remain  as  if  the  conditution  of  this  date  had  not  been  altered 
cr  amended. 


SOUTH-CAROLINA. 


191 


ARTICLE  IX. 

I.  All  power  is  originally  vefted  in  the  people  ;  and  all 
free  governments  are  founded  on  their  authority,  and  are  in- 
ilituted  for  their  peace,  fafety  and  happinefs. 

II.  No  freeman  of  this  ftate,  (hall  be  taken  or  imprifoned, 
or  difteifed  of  his  freehold,  liberties  or  privileges,  or  out. 
lawed,  or  exiled,  or  in  any  manner  deftroyed,  or  deprived  of 
his  life,  liberty,  or  property,  but  by  the  judgrnentof  his 
peers,  or  by  the  law  of  the  land  ;  nor  fhall  any  bill  of  attain¬ 
der,  ex  poll  fado  law,  or  law  impairing  the  obligation  of  con¬ 
trails,  ever  be  palled  by  the  Legiflature  of  this  ftate. 

Ill  The  military  fhall  be  fubordinate  to  the  civil  power. 

IV.  Exceflive  bail  fhall  not  be  required,  nor  exceftive  fines 
impofed,  nor  cruel  punifhments  inflided. 

V.  The  Legillature  fhall  not  grant  any  title  of  nobility, 
or  hereditary  diftindion,  nor  create  any  office,  the  appoint¬ 
ment  to  which  fhall  be  for  any  longer  time,  than  during 
good  behaviour. 

VI.  The  trial  by  jury,  a6  heretofore  ufed  in  this  ftate, 
and  the  liberty  of  the  prefs,  fhall  be  forever  inviolably 
preferved. 


ARTICLE  X. 

I.  The  bufinefs  of  the  treafury  fhall  be,  in  future,  con¬ 
duced  by  two  Treafurers,  one  of  whom  fhall  hold  his  office, 
and  refide  at  Columbia ;  the  other  fhall  hold  his  office,  and 
refide  in  Charlefton. 

II.  The  Secretary  of  State,  and  Surveyor-General,  fhall 
hold  their  offices  both  in  Columbia  and  in  Charlefton.  They 
fhall  reftde  at  one  place,  and  their  Deputies  at  the  other. 

III.  At  the  conclufion  of  the  circuits,  the  Judges  fhall 
meet  and  ft  at  Columbia,  for  the  purpofe  of  hearing  and 
determining  all  motions,  which  may  be  made  for  new  trials, 
and  in  arreft  of  judgments,  and  fuch  points  of  law,  as  may 
be  fubmitted  to  them.  From  Columbia,  they  fhall  proceed  to 
Charlefton,  and  there  hear  and  determine  all  fuch  motions  for 
new  trials,  and  in  arreft  of  judgment,  and  fuch  points  of  law, 
as  may  be  fubmitted  to  them.. 

IV.  The  Governor  fhall  always  refide,  during  the  fitting 
of  the  Legiflature,  at  the  place  where  their  feffion  may  be 
held  ;  and,  at  all  other  times,  wherever,  in  his  opinion,  the 
public  good  may  require. 


CONSTITUTION  Of 


*92 

V.  The  Legiflaturefhall,  as  foon  as  maybe  convenient,  pafs 
laws,  for  the  abolition  of  the  rights  of  primogeniture,  and  for 
giving  an  equitable  diftributicn  of  the  real  eftate  of  inteftates. 

V*  —  1  ■  I  -  ■  « 

ARTICLE  XI. 

No  Convention  of  the  people  fhall  be  called,  unlefs  by  the 
concurrence  of  two-thirds  of  both  branches  of  the  whole 
reprefentation. 

No  part  of  this  conftitution  fhall  be  altered,  unlefs  a  bill 
to  alter  the  fame,  fhall  have  been  read  three  times  in  the 
Houfe  of  Reprefentntives,  and  three  times  in  the  Senate,  and 
agreed  to  by  two-thirds  of  both  branches  of  the  whole  repre¬ 
fentation  ;  neither  fhall  any  alteration  take  plaee,  until  the 
bill,  fo  agreed  to,  be  publifhed  three  months,  previous  to  a 
new  election  for  members  to  the  Houfe  of  Reprefentatives  ; 
and  if  the  alteration,  propofed  by  the  Legiflature,  fhall  be 
agreed  to,  in  their  firlt  feflion,  by  two-thirds  of  the  whole 
reprefentation  in  both  branches  of  the  Legiflature,  after  the 
fame  fhall  have  been  read  three  times,  on  three  feveral  days, 
in  each  Houfe,  then  and  not  otherwife,  the  fame  fhall  become 
a  part  of  the  conflitution. 

Done  in  Convention,  at  Columbia,  in  the  date  of  South- 
Carolina,  the  third  day  of  June,  in  the  year  of  our 
Lord  1790,  and  in  the  fourteenth  year  of  the  Inde¬ 
pendence  of  the  United  States  of  America. 

By  the  unanimous  order  of  the  Convention, 

CHARLES  PINCKNEY,  Prefdent • 

— 

GEORGIA. 

*1  he  CONSTITUTION  of  the  State  of  Georgia ,  as  revised, 

amended  and  compiled,  oy  the  Convention  of  the  State,  at 

Lcutfv'ille,  on  the  ^oth  day  of  May }  1798. 

ARTICLE  I. 

Sect.  i.  rTHHE  legifla ti ve,  executive  and  judiciary  de¬ 
bs-  parturients  of  government,  fhall  be  diftind, 
and  each  department  fhall  be  confided  to  a  feparate  body  of 
ttoigiftraey  »  and  no  perfon,  or  collection  of  perfons,  being  of 


GEORGIA. 


1 93 


one  of  thofe  departments,  fhall  exercife  any  power  properly 
attached  to  either  of  the  others,  except  in  the  inftances  here¬ 
in  exprefsly  permitted. 

Sect.  2.  The  legiflative  power  fhall  be  veiled  in  two  fe- 
parate  and  diitinft  branches,  to  wit,  a  Senate  and  Houle  of 
Representatives,  to  be  fly  led  “  The  General  Aft'enably.5' 

Sect.  3.  The  Senate  fhall  be  eleTed  annually,  on  the  firft 
Monday  in  November,  until  fuch  day  of  eleftion  be  altered 
by  law  ;  and  fhall  be  compofed  of  one  Member  from  each 
county,  to  be  chofen  by  the  electors  thereof. 

Sect.  4.  No  perfon  fhall  be  a  Senator,  who  fhall  not 
have  attained  to  the  age  of  twenty-five  years  ;  and  have 
been  nine  years  a  citizen  of  the  United  States,  and  three 
years  an  inhabitant  of  this  ftate,  and  fhall  have  ufually  reftd- 
ed  within  the  county  for  which  he  fhall  be  returned,  at  leafb 
one  year  immediately  preceding  his  ele&ion,  (except  perfons 
who  may  have  been  abfent  on  public  bufinefs  of  this  ftate, 
or  of  the  United  States)  and  is  and  fnall  have  been  poffefted 
in  his  own  right,  of  a  fettled  freehold  eftate  of  the  value  of 
five  hundred  dollars,  or  of  taxable  property  to  the  amount  of 
one  thoufand  dollars,  within  the  county,  for  one  year  pre¬ 
ceding  his  election  ;  and  whofe  eftate  fhall,  on  a  reafonable 
eftimation,  be  fully  competent  to  the  difcharge  of  his  juft 
debts,  over  and  above  that  fum. 

Sect.  5.  The  Senate  fhall  eled,  by  ballot,  a  Preftdent  out 
of  their  own  body. 

Sect.  6.  The  Senate  fhall  have  the  foie  power  to  try  all 
impeachments : — When  fitting  for  that  purpofe,  they  fhall 
be  on  oath  or  affirmation  ;  and  no  perfon  fhall  be  convifted, 
without  the  concurrence  of  two-thirds  of  the  Members  pre- 
fent : — Judgment,  in  cafes  of  impeachment,  fhall  not  extend 
further  than  removal  from  office,  and  difqualification  to  hold 
and  enjoy  any  office  of  honour,  truft  or  profit,  within  this 
ftate;  but  the  party  convifted  fhall,  neverthelefs,  be  fubjeft 
to  indiftment,  trial,  judgment,  and  punifhment,  according 
to  law. 

Sect.  7.  The  Houfe  of  Reprefentatives  fhall  be  compofed 
of  members  from  all  the  counties  which  now  are,  or  hereaf¬ 
ter  may  be,  included  within  this  ftate,  according  to  their 
refpeftive  numbers  of  free  white  perfons,  and  including  three- 
fifths  of  all  the  people  of  colour ;  The  aftual  enumeration 


CONSTITUTION  OF 


*94 

fhall  be  made  within  two  years,  and  within  every  ftibfequent 
term  of  feven  years  thereafter,  at  fuch  time,  and  in  fuch 
manner,  as  this  Convention  may  direct  :  Each  county  con¬ 
taining  three  thoufand  perfons,  agreeably  to  the  foregoing 
plan  of  enumeration,  fhall  be  entitled  to  two  members,  feven 
thoufand  to  three  members,  and  twelve  thoufand  to  four 
members ;  but  each  county  fhall  have  at  leaft  one,  and  not 
more  than  four  members  :  the  Reprefentatives  fhall  be  chofen 
annually,  on  the  firft  Monday  in  November,  until  fuch  day 
of  election  be  altered  by  law  :  until  the  aforefaid  enumera¬ 
tion  {hall  be  made,  the  feveral  counties  fhall  be  entitled  to 
the  following  number  of  Reprefentatives,  refpe£tive!y  : — 
Camden  two;  Glynn  two  ;  Liberty  three;  M‘Intofh  two  ; 
Bryan  one;  Chatham  four;  Effingham  two;  Striven  two; 
Montgomery  two ;  Burke  three ;  Bullock  one  ;  JefFerfon 
three  ;  Lincoln  two  ;  Elbert  three  ;  Jackfon  two  ;  Richmond 
three  ;  Wilke*  four  ;  Columbia  three  ;  Warren  three  ;  Wafti- 
ington  three;  Hancock  four;  Greene  three;  Oglethorpe 
three  ;  and  Franklin  two. 

Sect.  8.  No  perfon  fhall  be  a  Reprefentative  who  fhall 
not  have  attained  to  the  age  of  twenty-one  years,  and  have 
been  feven  years  a  citizen  of  the  United  States,  three  years 
an  inhabitant  of  this  ftate,  and  have  ufually  refided  in  the 
county  in  which  he  fhall  be  chofen,  one  year  immediately 
preceding  his  election  (unlefs  he  fhall  have  been  abfent  on  pub¬ 
lic  bufinefs  of  this  ftate  or  of  the  United  States)  and  fhall  be 
poffielTed,  in  his  own  right,  of  a  fettled  freehold  eftate  of  the 
value  of  two  hundred  and  fifty  dollars,  or  of  taxable  proper¬ 
ty  to  the  amount  of  five  hundred  dollars,  within  the  county, 
for  one  year  preceding  his  elesftion  ;  and  whofe  eifate  fhall,  on  a 
reafonable  eftirnation,  be  competent  to  the  difcharge  of  his 
juft  debts,  over  and  above  that  fum. 

Sect.  9.  The  Houfe  of  Reprefentatives  fhall  choofe  their 
Speaker  and  other  officers. 

Sect.  10.  They  fhall  have  folely  the  power  to  impeach  ail 
perfons  who  have  been,  or  may  be  in  office. 

Sect.  ii.  No  perfon  holding  any  military  commiffion  or 
other  appointment  having  any  emolument  or  compenfation  an¬ 
nexed  thereto,  under  this  ftate  or  the  United  States,  or  either 
of  them  (except  Juftices  of  the  Inferior  Court,  juflices  of 
the  Peace,  and  officers  of  the  militia)  nor  any  perfon  who  has 


GEORGIA. 


*9* 

had  charge  of  public  monies  belonging  to  the  ftate,  unaccount¬ 
ed  for  and  unpaid,  or  who  has  not  paid  all  legal  taxes  or 
contributions  to  the  government,  required  of  him,  fhall  have 
a  feat  in  either  branch  of  the  General  Alfembly  ;  nor  fnail 
any  Senator  or  Reprefentative  be  elected  to  any  office  or  ap¬ 
pointment  by  the  Legillature,  having  any  emoluments  or 
compenfation  annexed  thereto,  during  the  time  for  which  he 
fhall  have  been  elefted,  with  the  above  exceptions,  unlefs  h$ 
fhall  decline  accepting  his  feat,  by  notice  to  the  Executive, 
within  twenty  days  after  he  fhall  have  been  eleded  ;  nor  fhall 
any  Member,  after  having  taken  his  feat,  be  eligible  to 
any  of  the  aforefaid  offices  or  appointments  during  the  time 
for  which  he  fhall  have  been  elefted. 

Sect.  12  The  meeting  of  the  General  Alfembly  fhall  be 
annual,  on  the  fecond  Tuefday  in  January,  until  fuch  day 
of  meeting  be  altered  by  law  ;  a  majority  of  each  branch 
fhall  be  authorized  to  proceed  to  bufinefs ;  but  a  fmaller  num¬ 
ber  may  adjourn  from  day  to  day,  and  compel  the  at¬ 
tendance  of  their  Members  in  fuch  manner  as  each  Houfe  may 
preferibe. 

Sect.  13.  Each  Houfe  fhall  be  the  judges  of  the  elections, 
returns  and  qualifications  of  its  own  Members,  with  powers 
to  expel  or  punifh  by  cenfuring,  fining  and  imprifoning,  or 
either,  for  diforderly  behaviour,  and  may  expel  any  perfon 
convicted  of  any  felonious  or  infamous  offence  ;  each  Houfe. 
may  punifh  by  imprifonment,  during  feffion,  any  perfon,  not 
a  Member,  who  fhall  be  guilty  of  difrefpedl  by  any  diforder¬ 
ly  or  contemptuous  behavioar  in  its  prefence,  cr  who,  during 
feffion,  fhall  threaten  harm  to  the  body  or  eftate  of  any  Mem¬ 
ber,  for  any  thing  faid  cr  done  in  either  Houfe,  or  who  fhall 
affault  any  of  them  therefor;  or  who  fhall  affault  or  arreft 
any  witnefs,  in  going  to  or  returning  therefrom,  or  who 
fhall  refeue  any  perfon  arrefted  by  order  of  either  Houfe. 

Sect.  14.  No  Senator  or  Reprefentative  fhall  be  liable 
to  be  arrefted  during  his  attendance  on  the  General  Affemblyj 
or  for  ten  days  previous  to  its  fitting,  or  for  ten  days  after 
the  riling  thereof,  except  for  treafon,  felony,  or  breach  of 
the  peace  ;  nor  fhall  any  member  be  liable  to  anfwer  for  any 
thing  fpoken  in  debate  in  either  houfe,  in  any  court  or  place 
elfewhere  ;  but  fhall  neverthelefs  be  bound  to  anfwer  for  per¬ 
jury,  bribery  or  corruption. 


CONSTITUTION  OF 


19S 

Sect.  17.  Each  Houfe  fhall  keep  a  journal  of  its  proceed, 
ings,  and  publifh  them  immediately  after  their  adjournment  ; 
and  the  yeas  and  nays  of  the  members  on  any  question,  fhall,. 
at  the  defire  of  any  two  members,  be  entered  on  the  journals. 

Sect.  16.  All  bills  for  railing  revenue  or  appropriating 
monies,  (hall  originate  in  the  Houfe  of  Reprefentatives ; 
but  the  Senate  fhall  propofe  or  concur  with  amendments,  as 
in  other  bills. 

Sect.  17.  Every  bill  fhall  be  read  three  times  and  on 
three  feparate  days,  in  each  branch  of  the  General  Aflembly, 
before  it  (hall  pafs,  unlefs  in  cafes  of  aCtual  invafion  or  infur- 
reftion  j  nor  fhall  any  law  or  ordinance  pafs,  containing  any 
matter  different  from  what  is  expreffed  in  the  title  thereof; 
and  all  aCts  fhall  be  figned  by  the  Prefident  in  the  Senate, 
and  Speaker  in  the  Houfe  of  Reprefentatives ;  No  bill  or 
ordinance  which  fhall  have  been  rejected  by  either  Houfe,  fhall 
be  brought  in  again  during  the  feffion,  under  the  fame  or 
any  other  title,  without  the  confent  of  two-thirds  of  each 
branch. 

Sect.  18.  Each  Senator  and  Reprefentative,  before  he  be 
permitted  to  take  his  feat,  fhall  take  an  oath  or  make  af¬ 
firmation,  that  he  hath  not  praCtifed  any  unlawful  means, 
either  directly  or  indirectly,  to  procure  his  election  ;  and 
every  perfon  fhall  be  difqualified  from  ferving  as  a  Senator 
or  Reprefentative,  for  the  term  for  which  he  fhall  have  been 
eleded,  who  fhall  be  convicted  of  having  given  or  offered 
any  bribe  or  treat,  or  canvaffed  for  fuch  election  ;  and  every 
candidate  employing  like  means,  and  not  eleCted,  fhall,  on 
conviction,  be  ineligible  to  hold  a  feat  in  either  Houfe,  or  to 
hold  any  office  of  honor  or  profit  for  the  term  of  one  year, 
and  to  fuch  other  difabilities  or  penalties  as  may  be  preferr¬ 
ed  by  law. 

Sect.  19.  Every  member  of  the  Senate,  or  Houfe  of  Re¬ 
prefentatives,  fhall,  before  he  takes  his  feat,  take  the  fol¬ 
lowing  oath  or  affirmation,  to  wit — “  I,  A.  B.  do  folemnly 
(t  fwear  or  affirm,  (as  the  cafe  may  be)  that  I  have  not  ob- 
S(  tained  my  election  by  bribery,  treats,  canvaffing,  or  other 
f(  undue  or  unlawful  means,  ufed  by  myfelf,  or  others  by 
(f  my  defire  or  approbation,  for  that  purpofe  ;  that  I  confider 
*(  myfelf  conftitutionally  qualified  as  a  Senator  or  Reprefen- 
ff  Tentative ;  and  that  on  all  queftions  and  meafures  which 


GEORGIA. 


J97 


f<  may  come  before  me,  I  will  give  my  vote,  and  fo  conduft 
<(  myfelf,  as  may,  in  my  judgment,  appear  mod  conducive  to 
“  the  interefl  and  profperity  of  this  date  ;  and  that  I  will 
i(  bear  true  faith  and  allegiance  to  the  fame  ;  and  to  the  ut- 
“  mod  of,  my  power  and  ability  obferve,  conform  to,  fup- 
<c  port  and  defend,  the  conditution  thereof.” 

Sect.  20.  No  perfon,  who  hath  been  or  may  be  convifl- 
ed  of  felony,  before  any  court  of  this  date,  or  any  of  the 
United  States,  (hall  be  eligible  to  any  office  or  appointment 
of  honor,  profit  or  trud,  within  this  date. 

Sect.  21.  Neither  Houfe,  during  the  feflion  of  the 
General  Affembly,  (hall,  without  the  confent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place, 
than  that  at  which  the  two  branches  (hall  be  fitting;  and  in  cafe 
of  difagreement  between  the  Senate  and  Houfe  of  Reprefen. 
tatives,  with  refpcft  to  their  adjournment,  the  Governor 
may  adjourn  them. 

Sect.  22.  The  General  Affembly  fhall  have  power  to 
make  all  laws  and  ordinances,  which  they  fhall  deem  necef- 
fary  and  proper  for  the  good  of  the  date,  which  fnall  not  be 
repugnant  to  this  conditution. 

Sect.  23.  They  Avail  have  power  to  alter  the  boundaries 
of  the  prefent  counties,  and  to  lay  off  new  ones,  as  well  out 
of  the  counties  already  laid  off,  as  out  of  the  other  territory 
belonging  to  the  date  ;  but  the  property  of  the  foil,  in  a 
free  government,  being  one  of  the  effential  rights  of  a  free 
people,  it  is  neceffary,  in  order  to  avoid  difputes,  that  the 
limits  of  this  date  fhould  be  afeertained  with  precifion  and 
exaftnefs ;  and  this  Convention,  compofed  of  the  immediate 
reprefentatives  of  the  people,  chofen  by  them  to  affert  their 
rights,  and  to  revife  the  powers  given  by  them  to  the  govern¬ 
ment,  and  from  whofe  will,  all  ruling  authority  of  right 
flows,  DOTH  affert  and  declare,  the  boundaries  of  this  date 
to  be  as  follow  :  That  is  to  fay,  the  limits,  boundaries,  ja- 
rifdi&ions  and  authority,  of  the  date  of  Georgia,  do,  and 
did,  and  of  right  ought  to  extend  from  the  fea  or  mouth  of 
the  river  Savannah,  along  the  northern  branch  or  dream 
thereof,  to  the  fork  or  confluence  of  the  rivers  now  called  Tu- 
galo  and  Keowee,  and  from  thence  along  the  mod  northern 
branch  or  dream  of  the  faid  river  Tugalo,  till  it  interfeft  the 
northern  boundarv  line  of  South-Carolina,  If  the  faid  branch 

S 


I9S  CONSTITUTION  OF 

or  ft  resin  of  Tugalo  extends  fo  far  north,  referring  all  the 
iflands.  in  ti  e  faitl  rivers  Savannah  and  Tugalo  to  Georgia  : 
but  if  the  head  fpring  or  fource  of  any  branch  or  dream  cf 
the  faid  river  Tugalo,  dees  not  extend  to  the  north  boundary 
line  cf  South-Carolina,  then  a  weft  line  to  the  Mifliffippi,  to 
be  drawn  from  the  head  fpring  or  fource  of  the  faid  branch 
or  ft  ream  of  Tugalo  river,  which  extends  to  the  higheft 
northern  latitude  ;  thence  down  the  middle  of  the  faid  river 
Ivliffiflippi,  until  it  fhali  interred  the  northernmoft  part  of  the 
thirty. ftrft  degree  of  north  latitude  ;  fouth  by  a  line 
dr,.wn  due  eaft,  from  the  termination  cf  the  line  laft  mention¬ 
ed,  in  the  latitude  of  thirty-one  degrees  north  of  the  equator, 
to.  the  middle  of  the  river  Apalachicola,  cr  Chatahocchec ; 
thence  along  the  middle  thereof,  to  its  junction  with 
Flint  river:  thence  ftraight  to  the  head  of  St.  Mary’s  river; 
and  thence  along  the  middle  of  St.  Mary’s  river  to  the  At- 
lantic  ocean  ;  and  from  thence  to  the  mouth  or  inlet  of  Sa¬ 
vannah  river,  the  place  of  beginning.  Including  and  com¬ 
prehending  all  the  lands  and  waters  within  the  faid  limits, 
boundaries  and  jurifdictional  rights ;  and  alfo,  all  the  iilands 
within  twenty  leagues  of  the  fea  coaft.  And  this  Conven¬ 
tion  doth  further  declare  and  aftert,  that  all  the  territory 
without  the  prefent  temporary  line  and  within  the  limits 
aforefaid,  is  now,  of  right,  the  property  of  the  free  citizens 
of  this  ftate,  and  held  by  them  in  fovereignty,  inalienable 
but  by  their  confent  :  Provided  neverthelefs ,  That  nothing 
herein  contained  fhali  be  conftrued,  fo  as  to  prevent  a  fale 
to,  orcontradl  with  the  United  States,  by  the  Legiilature  of  this 
ftate,  of  and  for  all  or  any  part  of  the  weftern  territory  of 
this  ftate,  laying  weftward  of  the  river  Chatahcochee,  on 
fuch  terms  as  may  be  beneficial  to  both  parties  ;  and  may 
procure  an  extenfion  of  fettlement,  and  an  extinguilhment  of 
Indian  claims,  in  and  to  the  vacant  territory  of  this  ftate, 
to  the  eaft  and  north  of  the  faid  river  Chatahoocne,  to  which 
territory,  fuch  power  of  contract  cr  fale,  by  the  Legiilature, 
{hall  not  extend  :  And  provided  alfo.  The  Legiilature  may 
give  its  confent  to  the  e&ablilhment  of  one  or  more  govern¬ 
ments  weftward  thereof;  but  monopolies  of  land  by  indivi¬ 
duals,  being  contrary  to  the  fpirit  of  our  free  government, 
no  fale  of  territory  of  this  ftate,  or  any  part  thereof,  fhali 
take  place  to  individuals  or  private  companies,  unlefs  a  county 


GEORGIA. 


199 


or  counties  (hall  have  been  firft  laid  oil*,  including  fuch  terri¬ 
tory,  and  the  Indian  rights  (hall  have  been  extinguifhed 
thereto. 

Sect.  24.  The  foregoing  feelion  of  this  article  having 
declared  the  common  rights  of  the  free  citizens  o t  this  irate, 
in  and  to  all  the  territory  without  the  prefect  temporary- 
boundary  line,  and  within  the  limits  of  this  ftate,  thereby 
defined,  by  which  the  contemplated  purchafes  of  certain 
companies  of  a  considerable  portion  thereof,  are  become  con- 
flitutien'ally  void ;  and  justice  and  good  faith  require,  that 
the  ftate  fhould  not  detain  a  confideration  for  a  contract, 
which  has  failed  ;  the  Legiftature,  at  their  next  feftion,  (hall 
make  provifion,  by  law,  for  returning  to  any  perfon  or  per- 
fons,  who  has  or  have  bona  fide  deposited  monies  for  fuch 
purchafes  in  the  treafury  of  this  ftate  :  Provided ,  That  the. 
fame  fh all  not  have  been  drawn  therefrom  in  terms  of  the  act, 
palled  the  thirteenth  day  of  February,  one  thoufand  fevea 
hundred  and  ninety-fix,  commonly  called  the  reminding  aft, 
or  the  appropriation  laws  of  the  years  one  thoufund  fevea 
hundred  and  ninety-fix,  and  one  thoufand  feven  hundred  and 
ninety -feven  :  nor  fhall  the  monies,  paid  for  fuch  purchafes, 
ever  be  deemed  a  part  of  the  funds  of  this  ftate,  or  be  liable 
to  appropriation  as  fuch  ;  but  until  fuch  monies  be  drawn 
from  the  treafury,  they  fhall  be  conftdered  altogether  at  the 
rifqtae  of  the  perfons  who  have  depofited  the  fame.  No 
money  fhall  be  drawn  out  of  the  treafury,  or  from  the  public 
funds  of  this  ftate,  except  by  appropriation  made  by  law  ; 
and  a  regular  ftatement  and  account,  of  the  receipts  and  ex¬ 
penditures  of  all  public  monies,  fhall  be  pubiifhed  from 
time  to  time.  No  vote,  refolution,  law,  or  order,  fhall  pafs 
the  General  Affemhly,  granting  a  donation  or  gratuity  in  fa¬ 
vour  of  any  perfon  whatever,  but  by  the  concurrence  of  two- 
thirds  of  the  General  Aftembly. 

Sect.  25-.  It  fhall  be  the  duty  of  the  Juftices  of  the  In¬ 
ferior  Court,  or  any  three  of  them,  in  each  county  refpec- 
tively,  within  fixty  days  after  the  adjournment  of  this  con¬ 
vention,  to  appoint  one  or  more  fit  perfons  in  each  county, 
not  exceeding  one  for  each  battalion  diftrift,  whofeduty  it  fhall 
be  to  take  a  full  and  accurate  cenfus  or  enumeration  s-f  ail  free 
white  perfons,  and  people  of  colour,  refiding  thersfh,  diftiru 
guifhing,  in  feparau  columns,  the  free  white  perionsirom  perfons 


200 


CONSTITUTION.  OF 


of  colour,  and  return  the  fame  to  the  Clerks  of  the  Superior 
Courts  of  the  feveral  counties,  certified  under  their  hands, 
on  or  before  the  firft  day  of  December  next — the  perfons  fo 
appointed,  being  firft  feverally  fworn  before  the  faid  Juftices 
or  either  of  them,  duly  and  faithfully  to  perform  the  truft  re- 
pofed  in  them  ;  and  it  fhall  be  the  duty  of  the  faid  Clerks,  to 
tranfmit  all  inch  returns,  under  feal,  directed  to  the  Speaker 
of  the  Houfe  of  Rcprefentatives,  at  the  firft  ftflion  of  the 
Legiflature  thereafter  :  And  it  fhall  be  the  duty  of  the  General 
Aflembly,  at  their  faid  firft  fe/fion,  to  apportion  the  Mem¬ 
bers  of  the  Houfe  of  Rcprefentatives  among  the  feveral  coun¬ 
ties,  agreeably  to  the  plan  prefcribed  by  this  conftitution, 
and  to  provide  an  adequate  compenfation  for  the  taking  of 
the  faid  cenfus.  Every  perfon,  whofe  ufual  place  of  abode  fhall 
be  in  any  family  on  the  firft  Monday  in  July  next,  (hall  be  re¬ 
turned  as  of  fuch  family,  and  every  perfon,  cccafionally  ab- 
fent  at  the  time  of  taking  the  enumeration,  as  belonging  to 
that  place  in  which  he  ufually  refides.  The  General  Aflem¬ 
bly  (hall,  by  law,  direft  the  manner  of  taking  fuch  cenfus  or 
enumeration,  within  every  fubfequent  term  of  feven  years, 
in  conformity  to  this  conftitution.  And  it  is  declared  to  be 
the  duty  of  all  officers,  civil  and  military,  throughout  this  date, 
to  be  aiding  and  aflifting  in  the  true  and  faithful  execution 
thereof.  In  cafe  the  Juftices  of  the  Inferior  Courts  fhould 
fail  to  make  fuch  appointments,  or  if  there  fhould  not  be  a 
fufficient  number  of  fuch  Juftices  in  any  county,  then  the 
Juftices  of  the  Peace,  or  any  three  of  them,  fhall  have  and 
excrcife  like  powers  and  authority  refpeciing  the  faid  cenfus  ; 
and  if  the  cenfus  or  enumeration  of  any  county  fhall  not  be 
fo  taken  and  returned,  then,  and  in  that  cafe,  the  General 
Aflembly  fhall  apportion  the  reprefentation  of  fuch  county, 
according  to  the  beft  evidence  in  their  power,  relative  to  its 
population. 

ARTICLE  II. 

Sect.  i.  The  executive  power  fhall  be  veiled  in  a  Go¬ 
vernor,  who  fhall  hold  his  office  during  the  term  of  two 
years,  and  until  fuch  time  as  a  fucceflbr  (hall  be  chofen  and 
qualified  ;  he  fhall  have  a  competent  falary  ellabliflied  by 
law,  which  (hall  not  be  increafed  or  diminifhed  during  the 
period  for  which  he  fhall  have  been  elected  ;  neither  fhall  he 


GEORGIA. 


201 


receive,  within  that  period,  any  other  emolument  from  the 
United  States,  or  either  of  them,  or  from  any  foreign  power. 

Sect.  2.  The  Governor  fhall  be  elected  by  the  General 
AiTembly,  at  their  fecond  annual  fed] on  after  the  riling  of  this 
Convention,  and  at  every  fecond  annual  feffion  thereafter,  on 
the  fecond  day  after  the  two  houfes  (hall  be  organized  and 
competent  to  proceed  to  bufinefs. 

Sect.  3.  No  perfon  fhall  be  eligible  to  the  office  of  Go¬ 
vernor,  who  fhall  not  have  been  a  citizen  of  the  United  States 
twelve  years,  and  an  inhabitant  of  this  Hate  fix  years,  and 
who  hath  not  attained  to  the  age  of  thirty  years,  and  who 
does  not  pollefs  five  hundred  acres  of  land,  in  his  own  right, 
within  this  Hate,  and  other  property  to  the  amount  of  four 
thoufand  dollars,  and  whofe  eftate  fhall  not,  oa  a  reafonablc 
eftimation,  be  competent  to  the  difeharge  of  his  debts,  over 
and  above  that  fum. 

Sect.  4.  In  cafe  of  the  death  or  refi  gnat  ion,  or  difabili  ty 
of  the  Governor,  the  Prefident  of  the  Senate  fit  all  exercife 
the  executive  powers  of  government,  until  fuch  difabilicy  be 
removed,  or  until  the  next  meeting  of  the  General  AiTembly. 

Sect.  y.  The  Governor  (lull,  before  he  enters  on  the 
duties  of  his  office,  take  the  following  oath  or  affirmation  : 
“  I  do  foiemnly  fwear  or  affirm  (as  the  cafe  may  be;  that  I 
“  will  faithfully  execute  the  office  of  Governor  of  the  Hate 
iC  of  Georgia  ;  and  will,  to  the  beic  of  my  abilities,  pre- 
<(  ferve,  protect,  and  defend  the  faid  Hate,  and  caufe  juftice 
“  to  be  executed  in  mercy  therein,  according  to  the  conftitu- 
iC  tion  and  law's  thereof.” 

Sect.  6.  tie  fhall  be  Commander  in  Chief  of  the  army 
and  navy  of  this  Hate,  and  of  the  militia  thereof. 

Sect.  7.  He  fhall  have  power  to  grant  reprieves  for 
offences  againft  the  fiate,  except  in  cafes  ol  impeachment,  and 
to  grant  pardons,  or  to  remit  any  part  of  a  fentence,  in  ail 
cafes  after  conviction,  except  for  treafon  or  murder,  in  which 
cults  he  may  refpice  the  execution,  and  nuke  report  thereof 
to  the  next  General  AiTembly,  by  whom  a  pardon  may  be 
granted. 

Sect.  8.  He  fhall  ilTue  writs  of  election  to  nil  up  all 
vacancies  that  happen  in  the  Senate  or  Houfe  of  Reprefenta- 
tives  :  and  fhall  have  power  to  convene  the  General  AiTem¬ 
bly  on  extraordinary  occafions ;  and  fhall  give  them ,  from 

S  2 


202 


CONSTITUTION  OF 


time  to  time,  information  of  the  ftate  of  the  republic,  and 
recommend  to  their  confideration  fuch  meafures  as  he  may 
deem  neceffary  and  expedient. 

Sect.  9.  When  any  office  (hall  become  vacant  by  death, 
refignation,  or  otherwife,  the  Governor  fhall  have  the  power 
to  iiil  fuch  vacancy  ;  and  perfons  fo  appointed,  {hall  con¬ 
tinue  in  office  until  a  fucceflbr  is  appointed,  agreeably  to  the 
mode  pointed  out  by  this  conftitution,  or  by  the  Legislature. 

Sect.  10.  He  (hall  have  the  revifion  of  all  bills  palled  by 
both  Houfes,  before  the  fame  fhall  become  laws,  but  two- 
thirds  of  both  Houfes  may  pafs  a  law  notwithstanding  his 
diflent :  and  if  any  bill  fhould  not  be  returned  by  the  Go- 
rernor  within  five  days  after  it  hath  been  prefented  to  him, 
the  fame  fhall  be  a  law,  unlefs  the  General  Aflembly,  by 
iheir  adjournment,  fhall  prevent  its  return. 

Sect.  ii.  Every  vote,  refolution  or  order,  to  which  the 
concurrence  of  both  Houfes  may  be  neceffary,  except  on  a 
queftion  of  adjournment,  fhall  be  prefented  to  the  Governor  ; 
and  before  it  fhall  take  effect  be  approved  by  him,  or  being 
disapproved,  may  be  repaffed  by  two-thirds  of  both  Houfes, 
according  to  the  rules  and  limitations  prefcribed  in  cafe  of  a 
bill. 

Sect.  12.  There  fhall  be  a  Secretary  of  the  date,  a  Trea¬ 
surer,  and  a  Surveyor  General,  appointed  in  the  fame  manner, 
and  at  the  fame  feffion  of  the  Legiflature,  and  they  fhall  hold 
their  offices  for  the  like  period  as  the  Governor,  and  fhall 
have  a  competent  falary,  including  fuch  emoluments  as  may 
be  eftablifhed  by  law,  which  fhall  not  be  increafed  or  dimi- 
nifhed  during  the  period  for  which  they  fnall  have  been 
defied. 

Sect.  13.  The  great  feal  of  the  flate  fhall  be  depofited 
in  tha  office  of  the  Secretary  of  State,  and  fhall  not  be  af¬ 
fixed  to  any  inftrument  of  writing,  but  by  order  of  the  Go¬ 
vernor  or  General  Aflembly  ;  and  the  General  Aflembly  fhall, 
at  their  firfl  feffion  after  the  rifing  of  this  Convention,  caufe 
the  great  feal  to  be  altered,  by  law. 

Sect.  14.  The  Governor  fhall  have  power  to  appoint  his 
own  Secretaries. 


ARTICLE  III. 

Section  1.  The  judicial  powers  of  this  flate  fhall  be 
felted  in  a  Superior  Court,  and  in  fuch  inferior  jurifdi&ions 


GEORGIA. 


203 


s-s  the  Legiflature  fhall,  from  time  to  time,  ordain  and 
eftablifh.  The  Judges  of  the  Superior  Courts  fhall  be  elected 
for  the  term  of  three  years,  removable  by  the  Governor  on 
the  addrefs  of  two- thirds  of  both  Houfes  for  that  purpofe, 
or  by  impeachment  and  conviction  thereon.  The  Superior 
Court  fhall  have  exclufive  and  final  jurifdiCtion  in  all  criminal 
cafes,  which  fhall  be  tried  in  the  county  wherein  the  crime 
was  committed,  and  in  all  cafes  refpeCting  titles  to  land, 
which  fhall  be  tried  in  the  county  where  the  land  lies ;  and 
fhall  have  power  to  correCt  errors  in  inferior  judicatories  by 
writs  of  certiorari ,  as  well  as  errors  in  the  Superior  Courts, 
and  to  order  new  trials  on  proper  and  legal  grounds :  Pro¬ 
vided,  That  fuch  new  trials  fhall  be  determined,  andfuch  errors 
corrected,  in  the  Superior  Court  of  the  county  in  which  fuch 
aCtion  originated.  And  the  faid  court  fhall  alfo  have  appel¬ 
late  jurifdiCtion  in  fuch  other  cafes  as  the  Legiflature  may 
by  law  direCt,  which  fhall  in  no  cafe  tend  to  remove  the 
caufe  from  the  county  in  which  the  aCtion  originated  ;  and 
the  judges  thereof,  in  all  cafes  of  application  for  new  trials, 
or  correction  of  errors,  fhall  enter  their  opinions  on  the  mi¬ 
nutes  of  the  court.  The  Inferior  Courts  fhall  have  cognizance 
of  all  other  civil  cafes,  which  fhall  be  tried  in  the  county 
wherein  the  defendant  refides,  except  in  cafes  of  joint 
obligors,  refiding  in  different  counties,  which  may  be  com¬ 
menced  in  either  county  ;  and  a  copy  of  the  petition  and 
procefs,  ferved  on  the  party  or  parties  refiding  out  of  the 
county  in  which  the  fuit  may  be  commenced,  fhall  be  deemed 
fufficient  fervice,  under  fuch  rules  and  regulations  as  the 
Legiflature  may  direCt:  but  the  Legiflature  may,  by  law,  to 
which  two-thirds  of  each  branch  fhajl  concur,  give  concur¬ 
rent  jurifdiCtion  to  the  Superior  Courts.  The  Superior 
and  Inferior  Courts  fhall  fit  in  each  county  twice  in  every 
year,  at  fuch  Hated  times  as  the  Legiflature  fhall  appoint. 

Sect.  2.  The  Judges  fhall  have  falaries,  adequate  to  their 
fervices,  eftablifhed  by  law,  which  fhall  not  be  increafed 
or  diminilhed  during  their  continuance  in  office  ;  but  fhall 
not  receive  any  other  perquifites  or  emoluments  whatever, 
from  parties  or  others,  on  account  of  any  duty  required  of 
them. 

Sect.  3.  There  fhall  be  a  State’s  Attorney  and  Solicitors 
.appointed  by  the  Legiflature,  and  commiffioned  by  the  Go~ 


204 


CONSTITUTION  OF 


vernor,  who  fliall  hold  their  offices  for  the  term  of  three 
years,  unlefs  removed  by  fentence  on  impeachment,  or  by  the 
Governor,  on  the  addrefs  of  two-thirds  of  each  branch  of 
the  General  Affembly.  They  fhall  have  falaries  adequate  to 
their  fei  vices,  eftablifhed  by  law,  which  fliall  not  be  increaf- 
ed  or  diminifhed  during  their  continuance  in  office. 

Sect.  4.  Juftices  of  the  Inferior  Courts  fliall  be’appointed 
by  the  General  Affembly,  and  be  commiffioned  by  the  Go¬ 
vernor,  and  fliall  hold  their  commiffions  during  good  beha¬ 
viour,  or  as  long  as  they  refpe&ively  refide  in  the  county  for 
which  they  fhall  be  appointed,  unlefs  removed  by  fentence 
on  impeachment,  or  by  the  Governor  on  the  addrefs  of  two- 
thirds  of  each  branch  of  the  General  Affembly.  They  may 
be  compenfated  for  their  fervices,  in  fuch  manner  as  the 
Legiflature  may  by  law  direct. 

Sect.  5.  The  Juftices  of  the  Peace  fliall  be  nominated  by 
the  Inferior  Courts  of  the  feveral  counties,  and  commiffioned 
by  the  Governor,  and  there  fhall  be  two  Juftices  of  the 
Peace  in  each  captain’s  diftrict,  either  or  both  of  whom,  fhall 
have  power  to  try  all  cafes  of  a  civil  nature,  within  their 
diftrift,  where  the  debt,  or  liquidated  demand,  does  not  ex¬ 
ceed  thirty  dollars,  in  fuch  manner  as  the  Legiflature  may 
by  law  direct.  They  fhall  hold  their  appointments  during 
good  behaviour,  or  until  they  fhall  be  removed  by  convic¬ 
tion  on  indictment  in  the  Superior  Court,  for  mal-pra&ice  in 
office,  or  for  any  felonious  or  infamous  crime,  or  by  the  Go¬ 
vernor,  on  the  addrefs  of  two-thirds  cf  each  branch  of  the 
Legiflature. 

Sect.  6.  The  powers  cf  a  Court  of  Ordinary  or  Regifler 
of  Probates,  fhall  be  vefted  in  the  Inferior  Courts  of  each 
county,  from  whole  decifion  there  may  be  an  appeal  to  the 
Superior  Court,  under  fuch  reftridlions  and  regulations  as  the 
General  Affembly  may  by  law  direct ;  but  the  Inferior 
Court  fliall  have  power  to  veft  the  care  of  the  records  and 
other  proceedings  therein,  in  the  Clerk,  or  fuch  other  perfon 
as  they  may  appoint,  and  any  one  or  more  Juftices  of  the 
faid  Court,  with  fuch  Clerk  or  other  perfon,  may  iffae  cita¬ 
tions,  and  grant  temporary  letters,  in  time  of  vacation, 
to  hold  until  the  next  meeting  of  the  faid  court  ;  and  fuch 
Clerk  or  other  perfon  may  grant  marriage  iicenfes. 


GEORGIA. 


205' 


Sect.  7.  The  Judges  of  the  Superior  Courts,  or  any  one 
of  them,  lhall  have  power  to  ilfue  writs  of  mandamus ,  pro¬ 
hibition,  fare  facias  and  all  other  writs  which  may  be  necef- 
fary  for  carrying  their  powers  fully  into  effefi. 

Sect.  8.  Within  live  years  after  the  adoption  of  this 
conflitution,  the  body  of  our  laws,  civil  and  criminal,  fhall 
be  revifed,  digefted  and  arranged,  under  proper  heads,  and 
promulgated  in  fuch  manner  as  the  Legiflature  may  diredt; 
and  no  perfon  (hall  be  debarred  from  advocating  or  defend¬ 
ing  his  caufe,  before  any  court  or  tribunal,  either  by  him- 
feif  or  counfel,  or  both. 

Sect.  9.  Divorces  lhall  not  be  granted  by  the  Legifla¬ 
ture,  until  the  parties  fhall  have  had  a  fair  trial  before  the 
Superior  Court,  and  a  verdift  lhall  have  been  obtained,  au¬ 
thorizing  a  divorce  upon  legal  principles.  And  in  fuch 
cafes,  two- thirds  of  each  branch  of  the  Legiflature  may 
pafs  afts  of  divorce  accordingly. 

Sect.  10.  The  Clerks  of  the  Superior  and  Inferior  Courts 
t  lhall  be  appointed  in  fuch  manner  as  the  Legiflature  may  by 
i  law  direft,  lhall  be  commilTioned  by  the  Governor,  and  lhall 
continue  in  ofHce  during  good  behaviour. 

Sect.  ii.  Sheriffs  lhall  be  appointed  in  fuch  manner  as 
the  General  AfTembly  may  by  law  direct,  and  lhall  hold 
their  appointments  for  the  term  of  two  years,  unlefs  fooner 
I  removed  by  fentence  on  impeachment,  or  by  the  Governor, 

:  on  the  addrefs  of  two-thirds  cf  the  Juffices  of  the  Inferior 
i  Court  and  of  the  Peace  in  the  county  ;  but  no  perfon  fhall 
be  twice  elected  Sheriff  within  any  term  of  four  years  ;  and 
no  county  officer  after  the  next  eleftion,  fhall  be  chofen  at 
I  the  time  of  ele&ing  a  Senator  or  Reprefentative. 

ARTICLE  IV. 

Sect.  r.  The  electors  of  members  of  the  General  Affem- 
bly,  lhall  be  citizens  and  inhabitants  of  this  date,  and  diall 
have  attained  the  age  of  twenty-one  years,  and  have  paid  all 
taxes  which  may  have  been  required  of  them,  and  whieh 
they  have  had  an  opportunity  of  paying,  agreeably  to  law, 
for  the  year  preceding  the  ele&ion,  and  lhall  have  redded  dx 
months  within  the  county  :  Provided ,  that  in  cafe  of  inva- 
don,  and  the  inhabitants  lhall  be  driven  from  any  county, 
fo  as  to  prevent  an  election  therein,  fuch  refugee  inhabitants. 


20  6 


CONSTITUTION  OF 


being  a  majority  of  the  voters  of  fuch  county,  may  meet  , 

under  the  direction  of  any  three  ]  u  dices  of  the  Peace  thereof, 

'  »  <: 

in  the  neared  county,  not  in  a  Hate  of  alarm,  and  proceed 
to  an  election,  without  having  paid  fuch  tax  fo  required  of 
elc&ors,  and  the  perfons  elected  thereat,  fhall  be  entitled  to 
their  feats. 

Sect.  2.  All  elections,  by  the  General  Affembiy,  fhaU 
be  by  joint  ballot  of  both  branches  of  the  Legislature;  and 
when  the  Senate  and  Houfe  of  Reprefentati ves  unite  for  the 
purpofe  of  electing,  they  fhall  meet  in  the  Representative 
chamber,  and  the  Prefident  of  the  Senate  fhall  in  fuch  cafes 
prefide,  receive  the  ballots,  and  declare  the  perfon  or  per¬ 
fons  elected.  In  all  elections  by  the  people,  the  electors 
fhaU  vote  viva  voce,  until  the  Legiflature  fhall  otherwife 
direct. 

Sect.  3.  The  general  officers  of  the  militia,  fhall  be 
elected  by  the  General  Affembiy,  and  fliall  be  commiffioned 
by  the  Governor.  All  other  officers  of  the  militia  fhall  be 
eledled  in  fuch  manner  as  the  Legiflature  may  direct,  and  {hall 
be  commiffioned  by  the  Governor  ;  and  all  militia  officers 
now  in  commiffion,  and  thofe  which  may  be  hereafter 
commiffioned,  fhall  hold  their  commiuioRS  during  their  ufual 
refidence  within  the  divifion,  brigade,  regiment,  batta¬ 
lion,  or  company,  to  which  they  belong,  unlefs  removed  by 
fentence  of  a  Court  Martial,  or  by  the  Governor,  on  the  ad- 
drefs  of  two-thirds  of  each  branch  of  the  General  Affiemhly. 

Sect.  4.  All  perfons  appointed  by  the  Legiflature,  to  fill 
vacancies,  fhall  continue  in  office,  only  fo  long  as  to  com¬ 
plete  the  time  for  which  their  predeceffors  were  appointed. 

Sect.  3.  Freedom  of  the  piefs,  and  trial  by  jury,  as  hereto¬ 
fore  ufed  in  this  Hate,  (hall  remain  inviolate  ;  and  no  ^.v  pojl 
fatio  law  fhall  be  pa  fled. 

Sect.  6.  No  perfon,  who  heretofore  hath  been,  or  here¬ 
after  may  be,  a  collector,  or  holder  of  public  monies,  fhall 
be  eligible  to  any  office  in  this  date,  until  fuch  perfon  fhall 
have  accounted  for,  and  paid  into  the  treafury,  all  fuins  for 
which  he  may  be  accountable  or  liable. 

Sect.  7.  The  perfon  of  a  debtor,  where  there  is  not  a 
ftroiag  prefumption  of  fraud,  fliall  not  be  detained  in  prifon, 
after  delivering  up,  bona  fide,  all  his  eftate  real  and  perfonal, 
for  the  ufe  of  his  creditors,  in  fuch  manner  as  fhall  be  here¬ 
after  regulated  by  law. 


GEORGIA. 


207 

Sect.  8.  Convictions  on  impeachments,  which  have 
heretofore  taken  place,  are  hereby  releafed,  and  perfons  lay. 
ng  under  fuch  convictions,  reftored  to  citizenfhip. 

Sect.  9.  The  writ  cl  habeas  corpus  (hall  not  be  fufpended 
mlefs  when  in  cafe  of  rebellion,  or  invafion,  the  public 
afecy  may  require  it. 

Sect.  10.  No  perfon  within  this  date,  fhall,  upon  any 
pretence,  be  deprived  of  the  ineffimable  privilege  of  wor- 
hipping  God,  in  a  manner  agreeable  to  his  own  confidence, 
lor  be  compelled  to  attend  any  place  of  worfhip,  contrary 
o  his  own  faith  and  judgment  ;  nor  fhall  he  ever  be  obliged 
o  pay  tythes,  taxes,  or  any  other  rate,  for  the  building  or 
•epaiiing  any  place  of  worfhip,  or  for  the  maintenance 
]>f  any  minifler  or  miniflry,  contrary  to  what  he  believes  to 
)e  right,  or  hath  voluntarily  engaged  to  do.  No  one  religi¬ 
ous  fociety  fhall  ever  be  efiablifhed  in  this  frate,  in  preference 
:o  another;  ncr  111  a  1 1  any  perfon  be  denied  the  enjoyment  of 
iny  civil  right,  merely  on  account  of  his  religious  prin> 
oiples. 

Sect.  ii.  There  fhall  be  no  future  importation  of  flaves 
nto  this  date,  from  Africa,  or  any  foreign  place,  after  the 
ir  ft  day  of  October  next.  The  Legiflature  fhall  have  no  power 
o  pafs  laws  for  the  emancipation  of  flaves,  without  the  con- 
ent  of  each  of  their  refpeCtive  owners,  previous  to  fuch 
emancipation.  They  fhall  have  no  power  to  prevent  emi¬ 
grants,  from  either  of  the  United  States  to  this  date,  from 
bringing  with  them  fuch  perfons,  as  may  be  deemed  flaves, 
ly  the  laws  of  any  one  of  the  United  States. 

Sect.  12.  Any  perfon,  who  fhall  raalicioufly  difmember 
br  deprive  a  have  of  life,  fhall  fuder  fuch  punifhnsent  as 
.vould  be  inflicted,  in  cafe  the  like  offence  had  been  commit- 
cd  on  a  free  white  perfon,  and  on  the  like  proof,  except  in 
'nfe  of  infurreClion  by  fuch  Have,  and  unlefs  fuch  death  fhould 
lappen  by  accident,  in  giving  fuch  flave  moderate  correction. 

Sect.  13.  The  arts  and  faiences  fhall  be  promoted,  in  one 
hr  more  feminaries  of  learning,  and  the  Legiflature  fhall,  as 
|oon  as  conveniently  may  be,  give  fuch  further  donations 
bnd  privileges,  to  thofc  already  efiablifhed,  as  may  be  ne- 
befiary  to  fecure  the  objects  of  their  inflitution  ;  and  it  fhall 
oc  the  duty  of  the  General  Aflembly,  at  their  next  feflion, 
:o  provide  effectual  meafures  for  the  improvement  and  per- 

t 


CONSTITUTION  OF 


■2o8 


manent  fecurity  of  the  funds  and  endowments  of  fuch  infti- 
tution9. 

Sect.  14.  All  civil  officers  (hall  continue  in  the  exercife 
of  the  doties  of  their  feveral  offices,  during  the  periods  for 
which  they  were  appointed,  or  until  they  (hall  be  fuperfeded 
by  appointments  made  in  conformity  to  this  conftitution  : 
And  all  laws,  now  in  force,  fhall  continue  to  operate,  fo  far 
as  they  are  compatible  with  this  conftitution,  until  repealed  ; 
and  it  fhall  be  the  duty  of  the  General  Aflembly  to  pafs  all 
neceffary  laws  and  regulations,  for  carrying  this  conftitution 
into  full  effed. 

Sect.  15.  No  part  of  this  conftitution  fhall  be  altered, 
unlefs  a  bill  for  that  purpofe,  fpecifying  the  alterations  in¬ 
tended  to  be  made,  fhall  have  been  read  three  times  in  the 
Houfe  of  Reprefentatives,  and  three  times  in  the  Senate,  on 
three  feveral  days  in  each  Houfe,  and  agreed  to  by  two- 
thirds  of  each  Houfe  refpedively  ;  and  when  any  fuch  bill 
fhall  be  paffed  in  manner  aforefaid,  the  fame  fhall  be  publifhed 
at  leaft  fix  months  previous  to  the  next  enfuing  annual  elec¬ 
tion  for  members  of  the  General  Aflembly  ;  and  if  fuch 
alterations,  or  any  of  them  fo  prepofed,  fhall  be  agreed  to  in 
their  firlt  feftion  thereafter,  by  two-thirds  of  each  branch  of 
the  General  Aflembly,  after  the  fame  fhall  have  been  read 
three  times,  on  three  feparate  days,  in  each  refpedive  houfe, 
then,  and  not  othervvife,  the  fame  fhall  become  a  part  of  this 
conftitution. 


WE,  the  underwritten  Delegates  of  the  people  of  the  ftate 
of  Georgia,  chofen  and  authorized  by  them  to  revife, 
alter  or  amend,  the  powers  and  principles  of  their  go¬ 
vernment,  do  declare,  ordain,  and  ratify,  the  feveral 
Articles  andSeftions  contained  in  the  fix  pages  hereunto 
prefixed,  as  the  conftitution  of  this  ftate  ;  and  the  fame 
fhall  be  in  operation  from  the  date  hereof. 

In  testimony  whereof,  We,  and  each  of  us  refpe&ivly, 
have  hereunto  fet  our  hands,  at  LouiJk>ille1  the  feat  of 
government,  this  thirtieth  day  of  May,  in  the  year  of 
our  Lord,  one  thoufand  feven  hundred  and  ninety-eight, 
and  in  the  twenty-fecond  year  of  the  Independence  of 
the  United  States  of  America ;  and  have  caufed  the 
great  feal  of  the  ftate  to  be  affixed  thereto. 


GEORGIA. 


20Q 


Article  4-th,  Section  iith,  and  fir  ft  line,  the  following 
words  being  interlined,  to  wit: — “  Alter  the  firft  day  of 
O&ober  next.’’ 

JARED  IRWIN,  Present, 

and  Delegate  from  Wafhington . 


BRYAN. 
Jofeph  Clay,  jun. 

J.  B.  Maxwell, 

Jno.  Pray. 

BURKE. 
Benjamin  Davis, 
John  Morrifon, 
John  Milton. 

BULLOCH. 
James  Bird, 

Andrew  E.  Wells, 
Charles  M'Call,  jnr. 

CAMDEN. 

Jas.  Seagrove, 
Thomas  Stafford. 

CHATHAM. 
Jas.  Jackfon, 

Jas.  Jones, 

Geo.  Jones. 

COLUMBIA. 
James  Simms, 

W7a.  Drane, 

James  M‘Neil. 

EFFINGHAM. 
John  King, 

John  London, 
Thomas  Pol  hill. 

ELBERT. 
Wrm.  Barnett, 

R.  Hunt, 

Benj.  Mofely. 

Atteft, 


FRANKLIN. 

A.  Franklin, 

Robt.  Walters. 
Thomas  Gilbert. 

GLYNN. 

John  Burnett, 

John  Coupe r, 

Thos.  Spalding. 

GREEN. 

G.  W.  Fofter, 

Jonas  Fauche, 

Jas.  Nifbet. 

HANCOCK. 
Chas.  Abercrom'oee, 
Thos.  Lamar, 

Matt.  Rabun. 

JEFFERSON. 
Peter  J.  Carnes, 
Wi-liam  Fleming, 
R.  D.  Gray. 

J  ACKSON. 
George  Wilfon, 
James  Pittman, 
Jofeph  Humoheris. 

LIBERTY. 
James  Cochran, 
James  Powell, 
James  Dunwody. 

LINCOLN. 
Henry  Ware, 
GibfonW  ooldridge, 


Jared  Groce. 

MTNTOSH. 
John  H.  MTntofli, 
James  Gignilliat. 
MONTGOMERY, 
Benj.  Harrifon, 

John  Watts, 

John  Jones. 
OGLETHORPE. 
Jno.  Lumpkin, 
Thomas  Duke, 
Burweli  Pope. 

RICHMOND. 
Robert  Watkins, 
Abraham  Jones. 

SCRIVEN. 
Lewis  Lanier, 

Jas.  H.  Rutherford, 
James  Oliver. 

WASHINGTON. 

John  Watts, 

George  Franklin. 

WARREN. 
John  Lawfon, 
Arthur  Fort, 

V/.  Stith,  junr. 

WILKES. 

M  att,  Talbot, 

JeiTe  Mercer, 

Ben.  Taliaferro. 


JAMES  M.  SIMMONS,  Secretary 
T 


(  210  ) 

VERMONT. 


The  CONSTITUTION  of  Vermont,  adopted  hy  the  Conven¬ 
tion,  holden  at  Windfor ,  July  4 th ,  1793. 

CHAP.  I. 

A  Declaration  of  the  Rights  of  the  Inhabitants  of  the  State  of 

V ermont . 

ARTICLE  I. 

T^HAT  all  men  are  born  equally  free  and  independent,  and 
have  certain  natural,  inherent,  and  unalienable  rights, 
amongft  which  are  the  enjoying  and  defending  life  and 
liberty,  acquiring,  polfefling,  and  protecting  property,  and 
purfuing,  and  obtaining  happinefs  and  fafety  : — therefore,  no 
male  perfon,  born  in  this  country,  or  brought  from  overfea, 
ought  to  be  holden  by  law,  to  ferve  any  perfon  as  a  fervant. 
Have,  or  apprentice,  after  he  arrives  to  the  age  of  twenty- 
one  years,  nor  female  in  like  manner,  after  (he  arrives  to  the 
age  of  eighteen  years,  unlefs  they  are  bound  by  their  own 
confent,  after  they  arrive  to  fuch  age,  or  bound  by  law  for 
the  payment  of  debts,  damages,  fines,  cofts,  or  the  like. 

ARTICLE  II. 

That  private  property  ought  to  be  fubfervient  to  pub¬ 
lic  ufes  when  neeeflity  requires  it,  neverthelefs,  whenever  any 
perfon’s  property  is  taken  for  the  ufe  of  the  public,  the  owner 
ought  to  receive  an  equivalent  in  money. 

ARTICLE  III. 

That  all  men  have  a  natural  and  unalienable  right  to 
worihip  Almighty  God,  according  to  the  dictates  of  their 
own  confciences  and  underfi-andings,  as  in  their  opinion  fhall 
be  regulated  by  the  word  of  God  :  and  that  no  man  ought 
to,  or  of  right  can  be  compelled  to  attend  any  religious 
worfhip,  or  ereCt  or  fupport  any  place  of  worfhip,  or  main¬ 
tain  any  minifier  contrary  to  the  diCIatcs  of  his  confcience, 
nor  can  any  man  be  juftly  deprived  or  abridged  of  any  civil 
right  as  a  citizen,  on  account  of  his  religious  fentiments,  or 


VERMONT, 


2  I  I 


peculiar  mode  of  religious  worfhip;  and  that  no  authority 
can,  or  ought  to  be  veiled  in,  or  afifumed  by,  any  power 
whatever,  that  fhali  in  any  cafe  interfere  with,  or  in  any 
manner  controul  the  rights  of  confcience,  in  the  tree  exercife 
ot  religious  worfhip.  Neverthelefs,  every  fefl  or  denomina¬ 
tion  of  Chriftians  ought  to  obferve  the  fabbath  or  Lord’s 
day,  and  keep  up  fome  fort  of  religious  worfhip,  which  to 
them  fhali  feem  moil  agreeable  to  the  revealed  will  of  God. 

ARTICLE  IV. 

Every  perfon  within  this  Hate  ought  to  find  a  certain  re¬ 
medy,  by  having  recourfe  to  the  laws,  for  all  injuries  or 
wrongs  which  he  may  receive  in  his  perfon,  property  or  cha¬ 
racter  :  he  ought  to  obtain  right  and  juilice  freely,,  and  with¬ 
out  being  obliged  to  purchafe  it  ;  completely  and  without 
any  denial  ;  promptly  and  without  delay  ;  conformably  to 
the  laws. 


ARTICLE  V. 

That  the  people  of  this  (late  by  their  legal  reprefentat:  ves, 
have  the  foie,  inherent,  and  exclufive  right  of  governing 
and  regulating  the  internal  police  of  the  fame. 

ARTICLE  VI. 

That  all  power  being  originally  inherent  in  and  con  fre¬ 
quently  derived  from  the  people,  therefore  all  officers  of 
government,  whether  Iegifiative  or  executive,  are  their 
truilees  and  fervants,  and  at  all  times,  in  a  legal  way, 
accountable  to  them. 


ARTICLE  VIL 

That  government  is,  or  ought  to  be,  inftituted  for  the 
common  benefit,  protection,  and  fecurity  of  the  people,  na¬ 
tion,  or  community,  and  not  for  the  particular  emolument  or 
advantage  ol  any  Tingle  man,  family,  or  fet  of  men,  who 
area  part  only  of  that  commnnity  ;  and  that  the  community 
hath  an  indubitable,  unalienable,  and  indefeafible  right  to 
reform  or  alter  government,  in  fuch  manner  as  fhali  he, 
by  that  community,  judged  mod  conducive  to  the  public 
weal. 


CONSTITUTION  OF 


ARTICLE  VIII. 

That  all  elections  ought  to  be  free  and  without  corruption, 
and  that  all  freemen,  having  a  fufficient,  evident,  common 
mttreft  with,  and  attachment  to,  the  community,  have  a  right 
to  elect  officers,  and  be  elected  into  office,  agreeably  to  the 
regulations  made  in  this  conftitutioh. 

#  ARTICLE  IX. 

That  every  member  of  fociety  hath  a  right  to  be  protected 
in  the  enjoyment  cf  life,  liberty,  and  property,  and  there¬ 
fore  is  bound  to  contribute  his  proportion  towards  the  ex- 
pen  fc  of  that  protection,  and  yield  his  perfonal  fervice, 
when  neceffary,  or  an  equivalent  thereto,  but  no  part  of  any 
perfon’s  property  can  be  juftly  taken  from  him,  or  applied  to 
public  ufes,  without  his  own  confent,  or  that  of  the  repre- 
fentative  body  of  the  freemen  ;  nor  can  any  man  who  is  con- 
feientioufiy  fcrupulous  of  bearing  arms,  be  juftly  compelled 
thereto,  if  he  will  pay  fuch  equivalent  ;  nor  are  the  people 
bound  by  any  law  but  fuch  as  they  have  in  like  manner  affected 
to,  for  their  common  good  :  and  previous  to  ary  law  being 
made  to  raife  a  tax,  the  purpofe  for  which  it  is  to  be  raifed 
ought  to  appear  evident  to  the  Legiflature,  to  be  of  more  fer¬ 
vice  to  the  community  than  the  money  would  be  if  not 
coile&ed. 


ARTICLE  X. 

That  in  all  profecutions  for  criminal  offences,  a  perfon  hath 
a  right  to  be  heard  by  himfelf  and  his  counfel  ;  to  demand 
the  caufe  and  nature  of  his  accufation  ;  to  be  confronted 
w  ith  the  witneffes  ;  to  call  for  evidence  in  his  favour,  and  a 
fpeedy  public  trial  by  an  impartial  jury  of  the  country  ; 
without  the  unanimous  confent  of  which  jury,  he  cannot  be 
found  guilty  ;  nor  can  lie  be  compelled  to  give  evidence 
againft.  himfelf ;  nor  can  any  perfon  be  juftly  deprived  of  his 
liberty  except  by  the  laws  of  the  land,  or  the  judgment  of 
his  peers, 

ARTICLE  XI. 

That  the  people  have  a  right  to  hold  themfeives,  their 
houfes,  papers,  and  poffeffions,  free  from  fearch  or  feizure  ; 
and  therefore  warrants,  without  oath  or  affirmation  ftrft  made. 


VERMONT. 


2.1  j 

affording  fufficient  foundation  for  them,  and  whereby  any 
officer  or  meffenger  may  be  commanded  or  required  to  fearch 
fufpedled  places,  or  to  feize  any  perfon  or  perfons,  his,  her  or 
their  property,,  not  particularly  deferibed,  are  contrary  to  that 
right,  and  ought  not  to  be  granted.. 

ARTICLE  XII. 

That  when  any  iffue  in  fadt,  proper  for  the  cognizance  of 
a  jury  is  joined  in  a  court  of  law,  the  parties  have  a  right  to 
trial  by  jury,  which  ought  to  be  held  facred.. 

_ 

ARTICLE  XIII. 

That  the  people  have  a  right  to  freedom  of  fpeech,  and  of 
writing  and  publifhing  their  fentiments,  concerning  the  tranf- 
adlions  of  government,  and  therefore  the  freedom  ol  the  prefs 
ought  not  to  be  retrained.. 

ARTICLE  XIV. 

The  freedom  of  deliberation,  fpeech,  and  debate,  in  ~the 
Legifiature,  is  fo  effential  to  the  rights  of  the  people,  that  it 
cannot  be  the  foundation  of  any  accufaiion  or  profecution, 
adiion  or  complaint,  in  any  other  court  or  place  whatsoever. 

ARTICLE  XV. 

The  power  of  fufpending  laws,  or  the  execution  of  laws, 
ought  never  to  be  exercifed  but  by  the  Legillature,  or  by 
authority  derived  from  it,  to  be  exercifed  in  fuch  particular 
cafes,  as  this  conllitution,  or  the  Legifiature  fhail  provide  for. 

— 

ARTICLE  XVI. 

That  the  people  have  a  right  to  bear  arms  for  the  defence 
of  themfelves  and  the  {late — and  as  (landing  armies  in  time 
of  peace  are  dangerous  to  liberty,  they  ought  not  to  be  kept 
up;  and  that  the  military  fliould  be  kept  under  flridl  fubor- 
dination  to  and  governed  by  the  civil  power. 

ARTICLE  XVII. 

That  no  perfon  in  this  (late,  can  in  any  cafe  be  fubjedled  to 
law  martial,  or  to  any  penalties  or  pains  by  virtue  of  that 
law,  except  thofe  employed  in  the  army,  and  the  militia  in 
adtual  fervice. 

rr  ^ 

Jk  *4 


214  CONSTITUTION  OF 

ARTICLE  XVIII. 

That  frequent  recurrence  to  fundamental  principles,  and 
firm  adherence  to  juftice,  moderation,  temperance,  induilry, 
and  frugality,  are  abfolutely  neceffary  to  preferve  the  blef- 
hngs  of  liberty,  and  keep  government  free  ;  the  people  ought 
therefore,  to  pay  particular  attention  to  thefe  points,  in  the 
choice  ol  officers  and  reprefentatives,  and  have  a  right  in  a 
legal  way,  to  exaft  a  due  and  conllant  regard  to  them,  from 
their  legiilators  and  magiftrates,  in  making  and  executing  fuch 
laws  as  are  neceffary  for  the  good  government  of  the  Hate. 

ARTICLE  XIX. 

That  all  people  have  a  natural  and  inherent  right  to  emi¬ 
grate  from  one  date  to  another  that  will  receive  them. 

ARTICLE  XX. 

That  the  people  have  a  right  to  affemble  together  to  con¬ 
sult  for  their  common  good — to  inilruCl  their  reprefentatives 
— and  apply  to  the  Legiflature  for  redrefs  of  grievances,  by 
addrefs,  petition,  or  remonftrance. 

ARTICLE  XXI. 

That  no  perfon  {hall  be  liable  to  be  tranfporfced  out  of  this 
date  for  trial  for  any  offence  committed  within  the  fame. 


CHAP.  II. 

PLAN  OR  FRAME  OF  GOVERNMENT. 

Section  i.  THE  commonwealth,  or  ilate  of  Vermont, 
fhall  be  governed  hereafter,  by  a  Governor,  (or  Lieutenant- 
Governor)  Council,  and  an  Affembly  of  the  Reprefentatives 
of  the  freemen  of  the  fame,  in  manner  and  form  following  : 

Sect.  2.  The  fupreme  legillative  power  {Fall  be  veiled  in 
a  Houfe  of  Reprefentatives  of  the  freemen  of  the  common¬ 
wealth,  or  date  of  Vermont. 

Sect.  3.  The  Supreme  executive  power  fhall  be  veiled  in 
a  Gov  ernor,  or,  in  his  abfcnce,  a  Lieutenant-Governor,  and 
Council. 


VERMONT. 


Sect.  4.  Courts  of  juftice  fhall  be  maintained  in  every 
county  in  this  (late,  and  alfo  in  new  counties,  when  formed  ; 
which  courts  fhall  be  open  for  the  trial  of  all  caufes  proper 
for  their  cognizance  ;  and  juftice  fhall  be  therein  impartially 
adminiltered,  without  corruption,  or  unneceffary  delay.  The 
Judges  of  the  Supreme  Court  fhall  be  Juftices  of  the  Peace 
throughout  the  ftate  ;  and  the  feveral  Judges  of  the  County 
Courts,  in  their  refpecHve  counties,  by  virtue  of  their  office, 
except  in  the  trial  of  fuch  caufes  as  may  be  appealed  to  the 
County  Court. 

Sect.  5.  A  future  Legiflature  may,  when  they  fhall  con¬ 
ceive  the  fame  to  be  expedient  and  neceffary,  ereft  a  Court  of 
Chancery,  with  fuch  powers  as  are  ufually  exercifed  by  that 
court,  or  as  fhall  appear  for  the  intereft  of  the  commonwealth 
— Provided,  they  do  not  conftitute  themfelves  the  Judges  of 
the  faid  court. 

Sect.  6.  The  Legiflative,  Executive,  and  Judiciary, 
Departments,  fhall  be  feparate  and  diftinft,  fo  that  neither 
-exercife  the  powers  properly  belonging  to  the  other. 

Sect.  7.  In  order  that  the  freemen  of  this  ftate  might 
enjoy  the  benefit  of  election,  as  equally  as  may  be,  each 
town  within  this  ftate,  that  conftfts,  or  may  confift  of  eighty 
taxable  inhabitants,  wdthin  one  feptenary  or  feven  years  next 
after  the  eftabliftiing  this  conftitution,  may  hold  elections 
therein,  and  chufe  each  two  reprefcntatives ;  and  each  other 
inhabited  town  in  this  ftate,  may,  in  like  manner,  chufe  each 
one  Reprefentative,  to  reprefent  them  in  General  Aftembly, 
during  the  faid  feptenary,  or  feven  years  ;  and  after  that, 
teach  inhabited  town  may,  in  like  manner,  hold  fuch  eledion, 
and  chufe  each  one  Reprefentative  forever  thereafter. 

Sect.  8.  The  Houfe  of  Reprefentatives  of  the  freemen  of 
this  ftate,  fhall  confift  of  perfons  moft  noted  for  wifdom  and 
virtue,  to  be  chofen  by  ballot,  by  the  freemen  of  every  town 
in  this  ftate,  refpeclively,  on  the  firft  Tuefday  of  September 
annually,  forever. 

Sect.  9.  The  Reprefentatives  fo  chofen  (a  majority  of 
whom  fhail  conftitute  a  quorum  for  tranfadiing  any  other 
bufinefs  than  railing  a  ftate  tax,  for  which  two-thirds  of  the 
members  elected  lhail  be  prefent)  fhall  meet  on  the  fecond 
Thurfday  of  the  fucceeding  October,  and  fhall  be  ftiled  The 
General  AJfembly  of  the  fate  of  Vermont  ;  they  fhall  have 
po  wer  to  chufe  their  Speaker,  Secretary  of  ftate,  their  Clerk 


CONSTITUTION  OF 


216 

and  other  neceft'ary  officers  of  the  Houfe — fit  on  their  own 
adjournments — prepare  bills,  and  enaft  them  into  laws — - 
judge  of  the  elections  and  qualifications  of  their  own  mem¬ 
bers  :  they  may  expel  members,,  but  not  for  caufes  known  to 
their  conftituents  antecedent  to  their  election:  they  may 
adminifter  oaths  and  affirmations  in  matters  depending  before 
them — red  refs  grievances — impeach  fate  criminals — grant 
charters  of  incorporation — conftitute  towns,  boroughs,  cities,, 
and  counties  :  they  may  annually,  on  their  firft  feffion  after 
their  eleftion,  ia  conjunction  with  the  Council,  (oroftenerif 
need  be)  eleft  Judges  of  the  Supreme  and  feveral  County  and 
Probate  Courts,  Sheriffs  and  Juft  ices  of  the  Peace;  and  alfo  with 
the  Council  may  eleft  Major-Generals,  and  Brigadier-Gene¬ 
rals,  from  time  to  time,  as  often  as  there  fhall  be  occafion  : 
and  they  fhall  have  all  other  powers  neceffary  for  the  Le- 
giftature  of  a  free  and  fovereign  ftate  :  but  they  fhall  have 
no  power  to  add  to,  alter,  abolifh,  or  infringe  any  part  of 
this  conflitution. 

Sect.  10.  The  Supreme  Executive  Council  of  this  ftate, 
fhall  confift  of  a  Governor,  Lieutenant-Governor,  and  twelve 
perfons,  chofen  in  the  following  manner,  viz.  The  freemen 
of  each  toum  (hall,  on  the  day  of  the  election  for  chufing 
Reprefentaiives  to  attend  the  General  Affembly,  bring  in 
their  votes  for  Governor,  with  his  name  fairly  written,  to 
the  Conftable,  who  fhall  feal  them  up,  and  write  on  them. 
Votes  for  the  Governor y  and  deliver  them  to  the  Reprefenta- 
tives  chofen  to  attend  the  General  Affembly;  and  at  the 
opening  of  the  General  Affembly,.  there  fhall  be  a  com¬ 
mittee  appointed  out  of  the  Council  and  Affembly,  whor 
after  being  duly  fwom  to  the  faithful  difcharge  of  their  iruft, 
lhall  proceed  to  receive,  fort,  and  count  the  votes  for  the 
Governor,  and  declare  the  perfon  who  has  the  major  part  of 
the  votes,  to  be  Governor  for  the  year  enfuing.  And  if  there 
be  no  choice  made,  then  the  Council  and  General  Affembly, 
by  their  joint  ballot,  fhall  make  choice  of  a  Governor.  The 
Lieutenant-Governor  and  Treafurer  fhall  be  chofen  in  the 
manner  above  directed.  And  each  freeman  fhall  give  in 
twelve  votes  for  twelve  Councillors,  in  the  fame  manner, 
and  the  twelve  higheft  in  nomination  fhall  ferve  for  the  en¬ 
fuing  year  as  Councillors. 

Sect.  ii.  The  Governor,  and  in  his  abfence,  the  Lieu¬ 
tenant-Governor,  with  the  Council,  (a  major  part  of  whom. 


VERMONT. 


217 

including  the  Governor,  or  Lieutenant-Governor,  fnall  be  a 
quorum  to  tranfaft  bufinefs)  (hall  have  power  to  commiffion 
all  officers — and  alfo  to  appoint  officers,  except  where  provi- 
fion  is,  or  fhall  be  otherwife  made  by  law,  or  this  frame  of 
government— and  (hall  fupply  every  vacancy  in  any  office, 
occafioned  by  death  or  otherwife,  until  the  office  can  be  filled 
in  the  manner  directed  by  law  or  this  conftitution. 

They  are  to  correfpond  with  other  flates — tranfaft  bufinefs 
with  officers  of  government,  civil  and  military — and  to  pre¬ 
pare  fuch  bufinefs  as  may  appear  to  them  neceiTary  to  lay 
before  the  General  Affembly.  They  fhall  fit  as  judges  to 
hear  and  determine  on  impeachments,  taking  to  their  affifl- 
ance,  for  advice  only,  the  Judges  of  the  Supreme  Court. 
And  fhall  have  power  to  grant  pardons  and  remit  fines,  in  all 
cales  whatfoever,  except  in  treafon  and  murder;  in  which 
they  fhall  have  power  to  grant  reprieves,  but  not  to  pardon, 
until  after  the  end  of  the  next  feffion  of  Affembly  ;  and  ex¬ 
cept  in  cafes  of  impeachment,  in  which  there  fhall  be  no 
remiffion  or  mitigation  of  punifhment,  but  by  a£t  of  legis¬ 
lation. 

They  are  alfo  to  take  care  that  the  laws  be  faithfully 
executed.  They  are  to  expedite  the  execution  of  fuch  mea- 
fures  as  may  be  refolved  upon  by  the  General  Affembly. 
And  they  may  draw  upon  the  treafury  for  fuch  fums  as  may 
be  appropriated  by  the  Houfe  of  Reprefentatives.  They  may 
alio  lay  embargoes,  or  prohibit  the  exportation  of  any  com¬ 
modity,  for  any  time  not  exceeding  thirty  days,  in  the 
recefs  of  the  Houfe  only.  They  may  grant  fuch  licences  as 
fhall  be  directed  by  law;  and  (hall  have  power  to  call  toge¬ 
ther  the  General  Alfembly,  when  neceffiary,  before  the  day  to 
which  they  fhall  Hand  adjourned.  The  Governor  fhall  be 
Captain  General  and  Commander  in  Chief  of  the  forces  of 
the  date,  but  fhall  not  command  in  perfon,  except  advifed  , 
thereto  by  the  Council,  and  then  only  fo  long  as  they  fhall 
approve  thereof.  And  the  Lieutenant-Governor  fhall,  by 
virtue  of  his  office,  be  Lieutenant-General  of  all  the  forces 
of  the  (late.  The  Governor,  or  Lieutenant-Governor,  and  the 
Council,  fhall  meet  at  the  time  and  place  with  the  General 
Affembly  :  the  Lieutenant-Governor  fhall,  during  the  pre- 
fcnce  of  the  Commander  in  Chief,  vote  and  a<ff  as  one  of  the 
Council :  and  the  Governor,  and  in  his  abfence  the  Lieute- 


CONSTITUTION  OF 


21  S 

mrit-Governor,  fnali,  by  virtue  of  their  offices,  prefide  in 
Council,  and  have  a  calling  but  no  other  vote.  Every  mem¬ 
ber  of  the  Council  (hall  be  a  Juftice  of  the  Peace  for  the  whole 
date,  by  virtue  of  his  office.  The  Governor  and  Council  fhali 
have  a  Secretary,  and  keep  fair  books  of  their  proceedings, 
wherein  any  Councillor  may  enter  his  diffent,  with  his  rea¬ 
sons  to  fupport  it  ;  and  the  Governor  may  appoint  a  Secretary 
for  himfelf  and  his  Council. 

Sect.  12.  The  Reprefentatives  having  met,  and  chofenr 
their  Speaker  and  Clerk,  fhali  each  of  them,  before  they  pro¬ 
ceed  to  bufmefs,  take  and  fubfcribe,  as  well  the  oath  or  affir¬ 
mation  of  allegiance  hereinafter  directed,  (except  where  they 
fhali  produce  certificates  of  their  having  heretofore  taken 
and  fubferibed  the  fame)  as  the  following  oath  or  affirmation,, 
viz. 

i(  You -  — do  folemnly  fwear  (or  affirm)  that 

as  a  member  of  this  Aflembly,  you  will  not  propofe,  or  aflent. 
to  any  bill,  vote,  or  refolution,  which  (hall  appear  to  you 
injurious  to  the  people,,  nor  do  or  con  fen  t  to  any  ad  or  thing 
whatever,  that  fhali  have  a  tendency  to  leflen  or  abridge 
their  rights  and  privileges,  as  declared  by  the  conftitution  of 
this  (late  ;  but  will,,  in  all  things,,  condud  yourfelf  as  a  faith¬ 
ful,  honed  Reprefentative*  and  guardian  of  the  people, 
according  to  the  bell  of  your  judgment  and  abilities,  (in  cafe 
of  an  oath )  fo  help  you  God..  ( And  in  cafe  of  an  affirmation ) 
under  the  pains  and  penalties  of  perjury.” 

Sect..  13.  The  doors  of  the  houfe  in  which  the  General 
Affemblv  of  this  commonwealth  fhali  fit,  fhali  be  open  for 
the  admiffion  of  all  perfons  who  behave  decently,  except  only 
when  the  welfare  cf  the  date  may  require  them  to  be  fhut. 

Sect.  13..  The  votes  and  proceedings  of  the  General 
Aflembly  fhali  be  printed  (when  one-third  of  the  members 
think  it  neceflary)  as  foon  as  convenient  after  the  end  of  each 
feffion,,  with  the  yeas  and  nays  on  any  queftion,  when  required 
by  any  member  (except  where  the  votes  fhali  be  taken  by  bal¬ 
lot.)  in  which  cafe  every  member  fhali  have  a  right  to  infert 
the  reafons  of  his  vote  upon  the  minutes. 

Sect.  15.  The  flile  of  the  laws  of  this  date  in  future  to 
be  pafled,  fhali  be,  It  is  hereby  enafted  by  the  General  Ajfembly 
of  the  fate  ef  Vermont . 

Sect.  16.  To  the  end  that  laws,  before  they  are  enaded^ 
may  be  more  maturely  confidered,  and  the  inconvenience  of 


VERMONT. 


219 

hafty  determinations  as  much  as  poffible  prevented,  all  bills 
which  originate  in  the  AfTembly,  fhall  be  laid  before  the  Go¬ 
vernor  and  Council  for  their  revifion  and  concurrence,  or  pro- 
pofals  of  amendment  ;  who  (hall  return  the  fame  to  the 
AfTembly,  with  their  propofals  of  amendment,  if  any,  in 
writing  ;  and  if  the  fame  are  not  agreed  to  by  the  Affembly, 
it  fhall  be  in  the  power  of  the  Governor  and  Council  to  fuf- 
pend  the  palling  of  fuch  bills  until  the  next  felfion  of  the 
Legiflature.  Provided,  that  if  the  Governor  and  Council 
fhall  neglect  or  refufe  to  return  any  fuch  bill  to  the  AfTembly, 
W'ith  written  propofals  of  amendment,  within  live  days,  or 
before  the  rifing  of  the  Legiflature,  the  fame  fhall  become  a 
law. 

Sect.  17.  No  money  fhall  be  drawn  out  of  the  treafury, 
unlefs  firfl  appropriated  by  aft  of  Legiflation. 

Sect.  18.  No  perfon  fhall  be  eledled  a  Reprefentative, 
until  he  has  relided  two  years  in  this  date  ;  the  laft  of  which 
fhall  be  in  the  town  for  which  he  is  elefted. 

Sect.  19.  No  member  of  the  Council,  or  Houfe  of  Re- 
prefentatives,  fhall,  diredtly  or  indire&ly,  receive  any  fee  or 
reward,  to  bring  forward  or  advocate  any  bid,  petition,  or 
other  bufinefs,  to  be  tranfadxed  in  the  Legiflature  ;  or  advo¬ 
cate  any  caufe,  as  Council,  in  either  Houfe  of  legiflation, 
except  when  employed  in  behalf  of  the  date. 

Sect.  20.  No  perfon  ought,  in  any  cafe,  or  in  any  time, 
to  be  declared  guiity  of  treafen  or  felony,  by  the  Legiflature. 

Sect.  2r.  Every  man,  of  the  full  age  of  twenty-one  years, 
having  refided  in  this  flate  for  the  fpace  of  one  whole  year 
next  before  the  eledlion  of  Reprefentatives,  and  is  of  a  quiet 
and  peaceable  behaviour,  and  will  take  the  following  oath 
or  affirmation,  fhall  be  endued  to  all  the  privileges  of  a  free¬ 
man  of  this  flate. 

You  folemnly  fwear  (or  affirm)  that  whenever  you  give 
your  vote  or  fuffrage,  touching  any  matter  that  concerns  the 
flate  of  Vermont,  you  will  do  it  fo  as  in  your  confcience  you 
fhall  judge  will  mod  conduce  to  the  bed  good  of  the  fame, 
as  eftablifhed  by  the  conftitution,  without  fear  or  favour  of 
any  man.” 

Sect.  22.  The  inhabitants  of  this  date  fhall  be  trained 
and  armed  for  its  defence,  under  fuch  regulations,  redri<flions, 
and  exceptions,  as  Congrefs,  agreeably  to  the  conditution  of 


220 


CONSTITUTION  OF 


the  United  States,  and  the  Legiflature  of  this  ftate  fhal l 
direft.  The  feveral  companies  of  militia  dial!,  as  often  as 
vacancies  happen,  eleft  their  captain  and  other  officers,  and 
the  captains  and  fubalterns  fin  all  nominate  and  recommend  the 
field  officers  of  their  refpeftive  regiments,  who  fhall  appoint 
their  ftaff  officers. 

Sect.  23.  All  commiffions  fhall  be  in  the  name  of  the 
freemen  of  the  ftate  of  Vermont,  fealed  with  the  ftate  feal, 
figned  by  the  Governor,  and  in  his  abfence  the  Lieutenant- 
Governor,  and  attefted  by  the  Secretary  ;  which  feal  fhall 
be  kept  by  the  Governor. 

Sect.  24.  Every  officer  of  ftate,  whether  judicial  or  ex¬ 
ecutive,  fhall  be  liable  to  be  impeached  by  the  General 
Affembiy,  either  when  in  office,  or  after  his  refignation  or 
removal  for  mal-adminiftration.  All  impeachments  fnall  be 
before  the  Governor,  or  Lieutenant-Governor,  and  Council, 
who  fhall  hear  and  determine  the  fame,  and  may  award  cofts ; 
and  no  trial  or  impeachment  fhall  be  a  bar  to  a  profecution 
at  law. 

Sect.  23.  As  every  freeman,  to  preferve  his  independence 
(if  without  a  fufficient  eftate)  ought  to  have  fome  profeftion, 
calling,  trade  or  farm,  whereby  he  may  honeftly  fubfift,  there 
can  be  no  neceftity  for,  nor  ufe  in,  eftablifhing  offices  of  profit, 
the  ufual  effefts  of  which  are  dependence  and  fervilitv,  un¬ 
becoming  freemen  in  the  poffeffors  or  expectants,  and  faction, 
contention  and  difoord  among  the  people.  But  if  any  man  is 
called  into  public  fervice  to  the  prejudice  of  his  private  affairs 
he  has  a  right  to  a  reafonable  compenfation  ;  and  whenever 
an  office  through  increafe  of  fees  or  otherwife,  become  fo 
profitable  as  to  occafion  many  to  apply  for  it,  the  profits  ought 
to  be  leiTened  by  the  Legiflature.  And  if  any  officer  fhall 
wittingly  and  wilfully,  take  greater  fees  than  the  law  allows 
him,  it  fhall  ever  after  difqualify  him  from  holding  any  office 
in  this  ftate,  until  he  fhall  be  reftored  by  aft  of  legiflation. 

Sect.  26.  No  perfon  in  this  ftate  fhall  be  capable  of 
holding  or  exercifing  more  than  one  of  the  following  offices 
at  the  fame  time,  viz.  Governor,  Lieutenant-Governor,  judge 
of  the  Supreme  Court,  Treafurer  of  the  ftate,  member  of  the 
Council,  member  of  the  General  Affembiy,  Surveyor-General, 
or  Sheriff.  Nor  fhall  any  perfon,  holding  any  office  of  profit 
or  truft  under  the  authority  of  Congrefs,  be  eligible  to  any 


VERMONT, 


ty  'j  r 


appointment  in  the  Legiflature,  or  of  holding  any  executive' 
or  judiciary  office  under  this  Hate. 

Sect.  27.  The  Treafurer  of  the  Hate  (hall,  before  the 
Governor  and  Council,  give  fufficient  fecurity  to  the  Secre¬ 
tary  of  the  State,  in  behalf  of  the  General  Afiembly  ;  and 
each  High  Sheriff  before  the  firft  Judge  of  the  County  Court, 
to  the  Treafurer  of  their  refpedive  counties,  previous  to 
their  refpedively  entering  upon  the  execution  of  their  offices, 
in  fuch  manner,  and  in  fuch  fums,  as  (hall  be  direded  by  the 
Legiflature. 

Sect.  28.  The  Treafurcr’s  accounts  fliall  be  annually  au¬ 
dited,  and  a  fair  ftate  thereof  laid  before  the  General  Aftembly, 
at  their  feffion  in  Odober. 

Sect.  29.  Every  officer,  whether  judicial,  executive,  or 
military,  in  authority  under  this  ftate,  before  he  enters  upon 
the  execution  of  his  office,  fliall  take  and  fubferibe  the  fol¬ 
lowing  oath  or  affirmation  of  allegiance  to  this  ftate  (unlefs 
he  fhall  produce  evidence  that  he  has  before  taken  the  fame) 
and  alfo  the  following  oath  or  affirmation  of  office,  except 
military  officers,  and  fuch  as  fliall  be  exempted  by  the 
Legiflature. 

The  Oath  or  Affirmation  of  Allegiance, 

<(  You  do  folemnly  fwear  ( or  affirm  J  that  you  will  be  true 
and  faithful  to  the  ftate  of  Vermont,  and  that  you  will  not, 
diredly  or  indirectly,  do  any  ad  or  thing  injurious  to  the 
conftitution  or  government  thereof,  as  eftablifhed  by  conven¬ 
tion.  ( If  an  oath  J  fo  help  you  God.  ( If  an  affirmation  J  un¬ 
der  the  pains  and  penalties  of  perjury.” 

The  Oath  or  Affirmation  of  Office . 

“  You - do  folemnly  fwear  (or  affirm  J  that  you  wifi 

fathfully  execute  the  office  of - for  the - of - ;  and 

will  therein  do  equal  right  andjuftice  to  all  men,  to  the  beft 
of  your  judgment  and  abilities,  according  to  law.  ( If  an 
oathj  fo  help  you  God.  (If  an  affirmation  j  under  the  pains 
and  penalties  of  perjury.” 

Sect.  30.  No  perfon  fhall  be  eligible  to  the  office  of  Go¬ 
vernor  or  Lieutenant-Governor,  until  he  fliall  have  refided  in 
this  ftate  four  vears  next  preceding  the  day  of  his  eledion. 

U 


222 


CONSTITUTION  OF 


Sect.  31.  Trials  of  iffues,  proper  for  the  cognizance  of 
a  jury,  in  the  Supreme  and  County  Courts,  (hall  be  by  jury, 
except  where  parties  othervvife  agree;  and  great  care  ought 
to  be  taken  to  prevent  corruption  or  partiality  in  the  choice 
and  return,  or  appointment  of  juries. 

Sect.  32.  All  profecutions  (hall  commence,  By  the  autho¬ 
rity  of  the  fate  of  Vermont — all  indi&ments  (hall  conclude  with 
thefe  words,  agaltf  the  peace  and  dignity  of  the  fate .  And  ali 
fines  (hall  be  proportioned  to  the  offences. 

Sect.  33.  The  perfon  of  a  debtor,  where  there  is  not 
(Irong  prefumption  of  fraud,  (hall  not  be  continued  in  prifon 
after  delivering  up  and  affigning  over,  bona  fde ,  all  his  eliate, 
real  and  perfonal,  in  pofleflion,  reverfionor  remainder,  for  the 
ufe  of  his  creditors,  in  fuch  manner  as  (hall  be  hereafter 
regulated  by  law.  And  all  prifoners,  unlefs  in  execution,  or 
committed  for  capital  offences,  when  the  proof  is  evident  or 
prefumption  great,  (hall  be  bailable  by  fufficient  fureties  ;  nor 
(hall  exceffive  bail  be  exa&ed  for  bailable  offences. 

Sect.  34.  All  ele&ions,  whether  by  the  people  or  the 
Legiflature,  (hall  be  free  and  voluntary  :  and  any  eleftor, 
who  lhall  receive  any  gift  or  reward  for  his  vote,  in  meat, 
drink,  monies,  or  othervvife,  (hall  forfeit  his  right  to  ele& 
at  that  time,  and  fuller  fuch  other  penalty  as  the  law  (hall 
direft ;  and  any  perfon  who  (hall  dire&ly,  or  indirectly, 
give,  promife  or  beftow,  any  fuch  rewards  to  be  ele&cd, 
(hall  thereby  be  rendered  incapable  to  ferve  for  the  enfuing 
year,  and  be  fubjedt  to  fuch  further  punifhment  as  a  future  Le¬ 
giflature  fhall  direft. 

Sect.  35.  All  deeds  and  conveyances  of  land  (hall  be 
recorded  in  the  Town  Clerk’s  office,  in  their  refpeftive 
towns;  and  for  want  thereof,  in  the  County  Clerk’s  office  of 
the  fame  county. 

Sect.  36.  The  Legiflature  (hall  regulate  entails  in  fuch 
manner  as  to  prevent  perpetuities. 

Sect.  37.  To  deter  more  effectually  from  the  commiffion 
of  crimes,  by  continued  vifible  punifliments  of  long  duration, 
and  to  make  fanguinary  punifhments  lefs  neceffary,  means 
ought  to  be  provided  for  punching  by  hard  labour,  thofe  who 
fhall  be  convifted  of  crimes  not  capital,  whereby  the  criminal 
fhall  be  employed  for  the  benefit  of  the  public,  or  for  the 
reparation  of  injuries  done  to  private  perfons  ;  And  all  perfons 


VERMONT. 


223 


2 1  proper  times,  ought  to  be  permitted  to  fee  them  at  their 
labour. 

Sect.  38.  The  eftates  of  filch  perfons  as  may  deftroy 
their  own  lives,  (hall  not,  for  that  offence,  be  forfeited,  but 
defeend  or  afeend  in  the  fame  manner,  as  if  fuch  perfons  had 
died  in  a  natural  W2V.  Nor  (hail  any  arricle,  which  fhall 
accidentally  cccalion  the  death  of  any  perfon,  be  henceforth 
deemed  a  deodand,  or  in  any  wife  forfeited  on  account  of  fush 
misfortune. 

Sect.  39.  Every  perfon,  of  good  character,  who  comes 
to  fettle  in  this  ft  ate,  having  fir  ft  taken  an  oath  or  affirma¬ 
tion  of  allegiance  to  the  fame,  may  purcliafe,  or  by  other 
juft  means  acquire,  hold,  and  transfer  land,  or  other  real 
eftate  ;  and  after  one  year’s  refidence,  (hall  be  deemed  a  free 
denizen  thereof,  and  entitled  to  all  rights  of  a  natural  born 
fubjeft  of  this  ftate,  except  that  he  fhall  not  be  capable  of 
being  elefted  Governor,  Lieutenant-Governor,  Treafurer, 
Councillor,  or  Reprefentative  in  Afiembly,  until  after  two 
years  refidence. 

Sect.  40.  The  inhabitants  of  this  ftate  fhall  have  liberty 
in  feafonable  times,  to  hunt  and  fowl  on  the  lands  they  hold, 
and  on  other  lands  not  inclofed  ;  and  in  like  manner  to  fifli  in 
all  boatable  and  other  waters  (not  private  property)  under 
proper  regulations,  to  be  hereafter  made  and  provided  by  the 
General  Affemblv. 

Sect.  41.  Laws  for  the  encouragement  of  virtue  and 
prevention  of  v-ice  and  immorality,  ought  to  be  conftantly 
kept  in  force,  and  duly  executed  :  And  a  competent  number 
of  fchools  ought  to  be  maintained  in  each  town,  for  the  con¬ 
venient  inftruiftion  of  youth  :  And  one  or  more  grammar 
fchools  be  incorporated  and  properly  fupported  in  each  county 
in  this  ftate.  And  all  religious  focieties  or  bodies  of  men, 
that  may  be  hereafter  united  or  incorporated  for  the  advance¬ 
ment  <.f  religion  and  learning,  or  for  other  pious  and  cha¬ 
ritable  purpofes,  fhall  be  encouraged  and  protected  in  the 
enjoyment  of  the  privileges,  immunities,  and  eftates,  which 
they  in  juftice  ought  to  enjoy,  under  fuch  regulations  as  the 
General  Affembly  of  this  ftate  fhall  diretfr. 

Sect.  42.  The  declaration  of  the  political  rights  and 
vileges  of  the  inhabitants  of  this  ftate  is  hereby  declared 


pn 


CONSTITUTION  OF 


2-24 

to  be  a  part  of  the  conftitution  of  this  commonwealth  ;  and 
ought  not  to  be  violated,  on  any  pretence  whatfoever. 

h  e  c  t  .  43.  In  order  that  the  freedom  of  this  commonwealth 
may  be  preferved  inviolate  forever,  there  fhall  be  chofen,  by 
ballot,  by  the  freemen  of  this  Hate,  on  the  laft  Wednefday  in 
March,  in  the  year  one  thoufand  feven  hundred  and  ninety- 
nine,  and  on  the  laft  Wednefday  in  March  in  every  feven  years 
thereafter,  thirteen  perfons,  who  (hail  be  chofen  in  the  fame 
manner  the  Council  is  chofen,  except  they  (hall  not  be  out  of 
the  Council  or  General  Aflembly,  to  be  called  the  Council  of 
Cenfors ;  who  fhall  meet  together  on  the  firft  Wednefday  in 
June  next  enfuing  their  election,  the  majority  of  whom  (hall 
be  a  quorum  in  every  cafe,  except  as  to  calling  a  convention, 
in  which  two-thirds  of  the  whole  number  ele&ed  (hall  agree  : 
and  whofe  duty  it  (hall  be  to  enquire,  whether  the  conftjtu- 
tion  has  been  preferved  inviolate  in  every  part,  during  the 
laft  feptenary,  (including  the  year  of  their  fervicc)  ;  and 
whether  the  legislative  and  executive  branches  of  government 
have  performed  their  duty,  as  guardians  of  the  people,  or 
a  (Turned  to  themfeives,  or  exercifed,  other  or  greater  powers 
than  they  are  entitled  to  by  the  conftitution. — They  are 
aifo  to  enquire,  whether  the  public  taxes  have  been  juftly 
laid  and  colle&ed  in  all  parts  of  this  commonwealth — in 
what  manner  the  public  monies  have  been  difpofed  of — and 
whether  the  laws  have  been  duly  executed. — For  thefe  pur- 
pofes  they  (hall  have  power  to  fend  for  perfons,  papers,  and 
iecords — they  (hall  have  authority  to  pafs  public  cenfures,  to 
order  impeachments,  and  to  recommend  to  the  Lcgillature 
the  repealing  fuch  laws  as  (hall  appear  to  them  to  have  been 
paiTed  contrary  to  the  principles  of  the  conftitution  :  Thefe 
powers  they  (hall  continue  to  have  for  and  during  the  fpace  of 
one  year  from  the  day  of  their  ele&ion,  and  no  longer.  The 
faid  Council  of  Cenfors  (hall  alfo  have  power  to  call  a  con¬ 
vention,  to  meet  within  two  years  after  their  fitting,  if  there 
appears  to  them  an  abfolute  neceflity  of  amending  any  article 
of  this  conftitution,  which  may  be  defective — explaining 
fuch  as  may  be  thought  not  clearly  exprefled — and  of  adding 
fuch  as  are  neceftary  for  the  preservation  of  the  rights  and 
happinefs  of  the  people  ;  but  the  articles  to  be  amended,  and 
the  amendments  propjfed,  and  fuch  articles  as  are  propofed  to 


TENNESSEE. 


225 


be  added  or  abolifhed,  {hall  be  promulgated  at  lead  fix  months 
before  the  day  appointed  for  the  election  of  fuch  convention, 
for  the  previous  cor.fideration  of  the  people,  that  they  may 
have  an  opportunity  of  inftrufting  their  Delegates  on  the 
fubjefl. 

By  ordes  <$f  Convention,  July  9th,  1793. 

THOMAS  CHITTENDEN,  PrcMcnt, 
At  ted,  Lewis  R.  Morris,  Secretary . 

TENNESSEE. 

The  CONSTITUTION  of  the  State  of  Tenneffee ,  unammoujly 
efahhjhed  hi  Convention ,  at  Knoxville ,  on  the  Jixth  day  of 
J&bruary,  one  thoufand  feven  hundred  and  ninety  fix . 

WE,  the  people  of  the  territory  of  the  United  States, 
fouth  of  the  river  Ohio,  having  the  right  of  admif- 
fion  into  the  general  government  as  a  member  Hate  thereof, 
confident  with  the  conftitution  of  the  United  States,  and  the 
of  cefiion  of  the  date  of  North-Carolina,  recognizing  the 
ordinance  for  the  government  of  the  territory  of  the  United 
States  north-wed  of  the  river  Ohio,  do  ordain  and  edablifh 
the  following  conftitution,  or  form  of  government :  and 
do  mutually  agree  with  each  other  to  form  ourfelves  into  a 
free  and  independent  date,  by  the  name  of  THE  STATE 
OF  TENNESSEE. 


ARTICLE  I. 

Section  I.  THE  legifiative  authority  of  this  date,  fhall 
be  veded  in  a  General  Affembly,  which  fhall  confid  of  a  Se¬ 
nate  and  Houfe  of  P^eprefentatives,  both  dependent  on  the 
people. 

II.  Within  three  years  after  the  firft  meeting  of  the 
General  Affembly,  and  within  every  fubfequent  term  of  fe¬ 
ven  years,  an  enumeration  of  the  taxable  inhabitants  fhall  be 
made  in  fuch  manner  as  fhall  be  directed  by  law  ;  the  number 
of  Reprefentatives  dial!,  at  the  feveral  periods  of  making  fuch 
enumeration,  be  fixed  by  the  Legislature,  and  apportioned 
among  the  feveral  counties,  according  to  th«  number  of  taxa- 

U  2 


CONSTITUTION  OF 


*  1& 

ble  inhabitants  in  each  ;  and  fhall  never  be  Iefs  than  twenty- 
two,  nor  greater  than  twenty-fix,  until  the  number  of  taxa¬ 
ble  inhabitants  fhall  be  forty  thoufand  ;  and  after  that  event, 
at  fuch  ratio  that  the  whole  number  of  Reprefcntatives  fhall 
never  exceed  forty. 

III.  The  number  of  Senators  fhall,  at  the  feveral  periods 
of  making  the  enumeration  before  mentioned,  be  fixed  by  the 
Legiflature,  and  apportioned  among  the  diftri&s,  formed  as 
hereinafter  dire&ed,  according  to  the  number  of  taxable  in¬ 
habitants  in  each,  and  fhall  never  be  lefs  than  one-third,  nor 
more  than  one-half  of  the  number  of  Reprefentatives. 

IV.  The  Senators  fhall  be  chofen  by  diftrifts,  to  be  formed 
by  the  Legiflature,  each  diftrift  containing  fuch  a  number  of 
taxable  inhabitants,  as  fhall  be  entitled  to  cleft  not  more  than 
three  Senators.  When  a  diftrift  fhall  be  compofed  of  two  or 
more  counties,  they  fhall  be  adjoining,  and  no  county  fhall 
be  divided  in  forming  a  diftrift. 

V.  The  firfl  election  for  Senators  and  Reprefentatives,  fhall 
commence  on  the  fecond  Thurfday  of  March  next,  and  fhall 
continue  for  that,  and  the  fucceeding  day  :  and  the  next  elec¬ 
tion  fhall  commence  on  the  firfl  Thurfday  of  Auguft,  one 
thoufand  feven  hundred  and  ninety-feven,  and  fhall  continue 
on  that  and  the  fucceeding  day  :  and  forever  after,  eleftions 
fhall  be  held  once  in  two  years,  commencing  on  the  firfl 
Thurfday  in  Auguft,  and  terminating  the  fucceeding  day. 

VI.  The  firft  feflion  of  the  General  Aftembly  fhall  com¬ 
mence  on  the  laft  Monday  of  March  next.  The  fecond  on 
the  third  Monday  of  September,  one  thoufand  feven  hun¬ 
dred  and  ninety-feven.  And  forever  after,  the  General  Af- 
fembly  iliall  meet  on  the  third  Monday  of  September  next 
enfuing  the  then  eleftion,  and  at  no  other  period,  unlefs  as 
provided  for  by  this  conflitution. 

VII.  That  no  perfon  fhall  be  eligible  to  a  feat  in  the  Ge¬ 
neral  Aftembly  unlefs  he  fhall  have  relidcd  three  years  in  the 
ftate,  and  one  year  in  the  county  immediately  preceding  the 
election,  and  fhall  poflefs  in  his  own  right  in  the  county  which 
he  reprefents,  not  lefs  than  two  hundred  acres  of  land,  and 
lhall  have  attained  to  the  age  of  twenty-one  years. 

VIII.  The  Senate  ard  Houfe  of  Reprefentatives,  when 
afiembled,  fhall  each  choofe  a  Speaker  and  its  other  officers, 
be  judges  of  the  qualifications  and  eleftions  of  ita  Meur- 


TENNESSEE. 


•227 

bers,  and  fit  upon  its  own  adjournments  from  day  to  day. 
Two-thirds  of  each  Houfe  fliall  conftitute  a  quorum  to  do  bu- 
ftnefs  :  but  a  {mailer  number  may  adjourn  from  day  to  day, 
and  may  be  authorized  by  law,  to  compel  the  attendance  of 
abfent  Members. 

IX.  Each  Houfe  may  determine  the  rules  of  its  proceed- 
ings,  punifh  its  Members  for  diforderly  behaviour,  and  with 
the  concurrence  of  two-thirds,  expel  a  Member,  but  not  a  fe- 
cond  time  for  the  fame  offence,  and  (hall  have  all  other  pow¬ 
ers  neceflary  for  the  Legiflature  of  a  free  ftate, 

X.  Senators  and  Reprefentatives,  {hall  in  all  cafes,  except 
treafon,  felony,  or  breach  of  the  peace,  be  privileged  from 
arreft  during  the  feflion  of  the  General  Affembly,  and  in  go¬ 
ing  to  and  returning  from  the  fame  ;  and  for  any  fpeech  or 
debate  in  either  Houfe,  they  fliall  not  be  quellioned  in  any 
other  place. 

XI.  Each  Houfe  may  punifh,  by  imprifonment,  during- 
their  feflion,  any  perfon,  not  a  Member,  who  {hall  be  guilty 
of  difrefpeft  to  the  Houfe,  by  any  diforderly  or  contemptuous- 
behaviour  in  their  prefence, 

XII.  When  vacancies  happen  in  either  Houfe,  the  Govern¬ 
or,  for  the  time  being,  {ball  iffbe  writs  of  election  to  fill  fuch 
vacancies. 

XIII.  Neither  Houfe  {ball,  during  their  feflion,  adjourn 
without  confent  of  the  other,,  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the  two  Houfes  fnall 
be  fitting. 

XIV.  Bills  may  originate  in  either  Houfe,  but  may  be 
amended,  altered,  or  rejected  by  the  other. 

XV.  Every  bill  (hall  be  read  three  times,  on  three  different 
days,  in  each  Houfe,  and  be  figned  by  the  refpedive  Speak¬ 
ers  before  it  become  a  law, 

XVI.  After  a  bill  has  been  rejected,  no  bill  containing  the 
fame  fubftance,  {hall  be  palled  into  a  law  during  the  lame 
feflion. 

XVII.  The  ftyle  of  the  laws  of  this  ftate,  fhall  be.  Be  it 
enatted.  by  the  General  Affembly  of  the  fate  of  Tennejfee . 

XVIII.  Each  Houfe  {hall  keep  a  journal  of  its  proceedings, 
and  publifh  them,  except  fuch  parts  as  the  welfare  of  the  ftate 
©ay  require  to  be  kept  fecret,  And  the  yeas  and  nays  of  the 


CONSTITUTION  OF 


c  28 

Members  on  any  queftion,  (hall,  at  the  requeft  of  any  two  of 
them,  be  entered  on  the  journals. 

XIX.  The  doors  of  each  Houfe,  and  committees  of  the 
whole,  (hall  be  kept  ©pen,  unlefs  when  the  bufinefs  fhall  be 
fuch  as  ought  to  be  kept  fecret. 

XX.  The  Legiilature  of  this  Hate  (hall  not  allow  the  fol¬ 
lowing  officers  of  government  greater  annual  falaries  than  as 
follows,  until  the  year  one  thoufand  eight  hundred  and  four, 
to 

The  Governor  not  more  than  feven  hundred  and  fifty  dol¬ 
lars. 

The  Judges  of  the  Superior  Courts,  not  more  than  fix  hun¬ 
dred  dollars  each. 

The  Secretary  not  more  than  four  hundred  dollars. 

The  Treafurer  or  Treafurers,  not  more  than  four  per  cent . 
for  receiving  and  paying  out  all  monies. 

The  Attorney  or  Attorneys  for  the  (late  (hall  receive  aeom- 
penfation  for  their  fervices,  not  exceeding  fifty  dollars  for 
each  Superior  Court  which  he  (hall  attend. 

No  Member  of  the  LegiOature  (hall  receive  more  than  one 
dollar  and  feventy-five  cents  per  day,  nor  more  for  every 
twenty-five  miles  he  (hall  travel  in  going  to  and  returning 
from  the  General  Affembly. 

XXI.  No  money  (hail  be  drawn  from  the  treafury,  but  in 
confequence  of  appropriations  made  by  law. 

XXII.  No  perfon  who  heretofore  hath  been,  or  hereafter 
may  be  a  colleftor  or  holder  of  public  monies,  (hall  have  a 
feat  in  either  Houfe  of  the  General  Affembly,  until  fuch 
perfon  (hall  have  accounted  for,  and  paid  into  the  treafury, 
all  fums  for  which  he  may  be  accountable  or  liable. 

XXIII.  No  Judge  of  any  court  of  law  or  equity,  Se¬ 
cretary  of  State,  Attorney  General,  Regifter,  Clerk  of  any 
Court  of  Record,  or  perfon  holding  any  office  under  the  au¬ 
thority  of  the  United  States,  (hall  have  a  feat  in  the  General 
Affembly  ;  nor  fhall  any  perfon,  in  this  date,  hold  more 
than  one  lucrative  office  at  one  and  the  fame  time  ;  provided 
that  no  appointment  in  the  militia,  or  to  the  office  of  a  Juf- 
tice  of  the  Peace,  (hall  be  confidered  as  a  lucrative  office. 

XXIV.  No  Member  of  the  General  Affembly  fhall  be 
eligible  to  any  office  or  place  of  truft,  except  to  the  office  of 
a  Juftice  of  tjje  Peace,  or  truftee  of  any  literary  inflitution, 


TENNESSEE. 


229 


where  the  power  of  appointment  to  fuch  office  or  place  of 
trull,  is  veiled  in  their  own  body. 

XXV.  Any  Member  of  either  Houfe  of  the  General  Af- 
ferubly,  lhall  have  liberty  to  dilfent  from,  and  protell  againft, 
any  aft  or  refolve  which  he  may  think  injurious  to  the  public 
or  any  individual,  and  have  the  reafons  of  his  dilfent  entered 
on  the  journals. 

XXVI.  All  lands  liable  to  taxation,  in  this  Hate,  held  by 
deed,  grant  or  entry,  (hall  be  taxed  equal  and  uniform,  in 
fuch  manner,  that  no  one  hundred  acres  lhall  be  taxed  higher 
than  another,  except  town  lots,  which  lhall  not  be  taxed 
higher  than  two  hundred  acres  of  land  each  ;  no  freeman, 
(hall  be  taxed  higher  than  one  hundred  acres,  and  no  Have 
higher  than  two  hundred  acres  on  each  poll. 

XXVII.  No  article  manufactured  of  the  produce  of  this 
date,  lhall  be  taxed  otherwife  than  to  pay  infpeftion  fees. 

ARTICLE  II. 

I.  The  Supreme.  Executive  Power  of  this  date,  lhall  be 
veiled  in  a  Governor. 

II.  The  Governor  lhall  be  ckofen  by  the  ele&ors  of  the 
Members  of  the  General  Alfembly,  at  the  times  and  places 
where  they  (hall  refpe&ively  vote  for  the  members  thereof. 
The  returns  of  every  eledlion  for  Governor  lhall  be  fealed  up, 
and  tranfmitted  to  the  feat  of  government,  by  the  returning 
officers,  directed  to  the  Speaker  of  the  Senate,  who  lhall 
crpen  and  publifh  them  in  the  prefence  of  a  majority  of  the 
Members  of  each  Houfe  of  the  General  Alfembly.  The  per- 
fon  having  the  higheft  number  of  votes,  lhall  be  Governor  ; 
but  if  two  or  more  lhall  be  equal,  and  higheft  in  votes,  one 
of  them  lhall  be  chofen  Governor  by  joint  ballot  of  both 
Houfes  of  the  General  Alfembly.  Contefted  eleflions  for 
Goveraor,  lhall  be  determined  by  both  Houfes  of  the  Gene¬ 
ral  Alfembly,  in  fuch  manner  as  lhall  be  prefcribed  by  law. 

III.  He  lhall  be  at  leaft  twenty-five  years  of  age,  andpof- 
fefs  a  freehold  eftate  of  five  hundred  acres  of  land,  and  have 
been  a  citizen  or  inhabitant  of  this  Hate  four  years  next  before 
his  eleflion,  unlefs  he  lhall  have  been  abfent  on  the  public 
bufinefs  of  the  United  States,  or  of  this  Hate. 

IV.  The  firft  Governor  lhall  hold  his  office  until  the  fourth 
Tuefday  of  September,  one  thoufand  feven  hundred  and 


CONSTITUTION  OF 


ninety-feven,  and  until  another  Governor  (hall  be  elefted  and 
qualified  to  office;  and  forever  after,  the  Governor  fhail  hold 
his  office  for  the  term  of  two  years,  and  until  another  Governor 
(ball  be  ele&ed  and  qualified  ;  but  fhail  not  be  eligible  more 
than  fix  years  in  any  term  of  eight. 

V.  He  fhail  be  Commander  in  Chief  of  the  army  and  navy 
of  this  ftate,  and  of  the  militia,  except  when  they  (hall  be 
tailed  into  the  fervice  of  the  United  States. 

VI.  He  fhail  have  power  to  grant  reprieves  and  pardons, 
after  conviHion,  except  in  cafes  of  impeachment. 

VII.  He  fhail,  at  ftated  times,  receive  a  compenfation  for 
his  fervices,  which  (hall  not  be  increafed  or  diminifhed  dur¬ 
ing  the  period  for  which  he  (hall  have  been  elected. 

VIII.  He  may  require  information  in  writing,  from  the 
officers  in  the  executive  department,  upon  any  fubjeft  relating 
to  the  duties  of  their  refpediva  offices. 

IX.  He  may,  on  extraordinary  occafions,  convene  the  Ge¬ 
neral  Aflembly  by  proclamation,  and  fhail  ftate  to  them,  when 
aflembled,  the  purpofe  for  which  they  fhail  have  been  con¬ 
vened. 

X.  He  fhail  take  care  that  the  laws  fhail  be  faithfully  ex¬ 
ecuted. 

XI.  He  fhail,  from  time  to  time,  give  to  the  General  Af- 
fembly  information  of  the  ftate  of  the  government,  and  re¬ 
commend  to  their  confideration  fuch  meafures  as  he  fhail 
judge  expedient. 

XII.  In  cafe  of  his  death,  or  refignation,  or  removal  from 
office,  the  Speaker  of  the  Senate  fhail  exercife  the  office  of 
Governor  until  another  Governor  fhail  be  duly  qualified. 

XIII.  No  Member  of  Congrefs,  or  perfon  holding  any 
office  under  the  United  States,  or  this  ftate,  fhail  execute  the 
office  of  Governor. 

XIV.  When  any  officer,  the  right  of  whofe  appointment 
is  by  this  conftitution  veiled  in  the  General  Aflembly,  fhail, 
during  the  recefs,  die,  or  his  office  by  other  means  become 
vacant,  the  Governor  fhail  have  power  to  fill  up  fuch  vacancy 
by  granting  a  temporary  commiffion,  which  fhail  expire  at 
the  end  of  the  next  feflion  of  the  Legiflature. 

XV.  There  {hall  be  a  feal  of  this  ftate,  which  fhail  be 
kept  by  the  Governor,  and  ufed  by  him  officially,  and  fhail 
be  called  the  great  feal  of  the  ftate  of  Tenneflee, 


TENNESSEE. 


231 


XVI.  All  grants  and  commiffions  (hall  be  in  the  name  and 
by  the  authority  of  the  Hate  of  TennelTee,  be  fealed  with  the 
Hate  feal,  and  figned  by  the  Governor. 

XVII.  A  Secretary  of  this  Hate  fhall  be  appointed  and 

commiffioned  during  the  term  cf  four  year,*;.  dial-  keep 

a  fair  regifler  of  all  the  official  acls  anti,  c-  gs  of  the 

Governor  j  and  fhall,  when  required,  la>  the  lame,  ard  all 
papers,  minutes,  and  vouchers  relative  thereto,  before  the 
General  Affembly,  and  fhall  perform  fuch  other  duties  as 
fhall  be  enjoined  him  by  law. 

ARTICLE  III. 

I.  Every  freeman  of  the  age  of  twenty. one  years  and  up¬ 
wards,  poffeffing  a  freehold  in  the  county  wherein  he  may 
vote,  and  being  an  inhabitant  of  this  Hate,  and  every  free¬ 
man,  being  an  inhabitant  of  any  one  county  in  the  Hate,  fix 
months  immediately  preceding  the  day  of  election,  fhall  be 
entitled  to  vote  for  Members  of  the  General  Affembly,  for 
the  county  in  which  he  fhall  refide. 

II.  Eledors  fhall,  in  all  cafes,  except  treafon,  felony,  or 
breach  of  the  peace,  be  privileged  from  arreft  during  their 
attendance  at  eledions,  and  in  going  to  and  returning  from 
them. 

III.  All  eledions  fhall  be  by  ballot. 

ARTICLE  IV. 

I.  The  Houfe  of  Reprefentatives  fhall  have  the  foie  power 
of  impeachment. 

II.  All  impeachments  fhall  be  tried  by  the  Senate.  When 
fitting  for  that  purpofe,  the  Senators  fhall  be  upon  oath  or 
affirmation. 

III.  No  perfon  fhall  be  convided,  without  the  concur¬ 
rence  of  two  thirds  of  the  Members  of  the  whole  Houfe. 

IV.  The  Governor,  and  all  civil  officers  under  this  ftate> 
fhall  be  liable  to  impeachment  for  any  mifdemeanor  in  office  ; 
but  judgment,  in  fuch  cafes,  fhall  not  extend  further  than  to 
removal  from  office,  and  difqualification  to  hold  any  office 
of  honour,  truft,  or  profit  under  this  ftate.  The  party  fhall, 
neverthelefs,  in  all  cafes,  be  liable  to  indidment,  trial,  judg¬ 
ment,  and  puniftiment,  according  to  law. 


constitution  of 


ARTICLE  V. 

I.  The  judicial  power  of  the  ftate  fhall  be  veiled  in  fuch 
fuperior  and  inferior  courts  of  law  and  equity,  as  the  Legifla- 
ture  (hall,  from  time  to  time,  direft  and  eftablifti. 

II.  The  General  Aftembly  fhall  by  joint  ballot  of  both 
Houfes,  appoint  Judges  of  the  feveral  courts  of  law  and 
equity,  alfo  an  Attorney  or  Attornies  for  the  ftate,  who 
fhall  hold  their  rcfpe&ive  offices  during  good  behaviour. 

III.  The  Judges  of  the  Superior  Court  fhall,  at  ftated 
times,  receive  a  compenfation,  for  their  fervices,  to  be  af- 
certained  by  law  ;  but  fhall  not  be  allowed  any  fees,  or  per- 
quifttes  of  office,  nor  fhall  they  hold  arry  other  office  of  truft 
or  profit  under  this  ftate,  or  the  United  States. 

IV.  The  Judges  of  the  Superior  Courts,  fhall  be  Juftices 
of  Oyer  and  Terminer  and  General  Gaol  Delivery,  through¬ 
out  the  ftate. 

V.  The  Judges  of  the  Superior  and  Inferior  Courts  fhall 
not  charge  juries  with  refpeft  to  matters  of  faft,  but  may 
ftate  the  teftimony  and  declare  the  law. 

VI.  The  Judges  of  the  Superior  Courts  fhall  have  power, 
in  all  civil  cafes,  to  iftue  writs  of  certiorari ,  to  remove  any 
caufe,  or  a  tranfcript  thereof,  from  any  Inferior  Court  of 
Record  into  the  Superior,  on  fufficient  «aufe  fupported  by 
oath  or  affirmation. 

VII.  The  Judges  or  Juftices  of  the  Inferior  Courts  of  law 
fhall  have  power,  in  all  civil  cafes,  to  iffue  writs  of  certiorari , 
to  remove  any  caufe,  or  a  tranfcript  thereof,  from  any  infe¬ 
rior  jurifdiftion  into  their  court,  on  fufficient  caufe,  fup¬ 
ported  by  oath  or  affirmation. 

VIII.  No  Judge  fhall  fit  on  the  trial  of  any  caufe  where 
the  parties  fhall  be  connected  with  him,  by  affinity  or  con¬ 
sanguinity,  except  by  confent  of  parties.  In  cafe  all  the 
Judges  of  the  Superior  Court  fhall  be  interefted  in  the  event 
of  any  caufe,  or  related  to  all  or  either  of  the  parties,  the 
Governor  of  the  ftate  fhall,  in  fuch  cafe,  fpecially  commif- 
fion  three  men,  of  law  knowledge,  for  the  determination 
thereof. 

IX.  All  writs  ar*d  other  procefs,  fhall  run.  In  the  name  of  the 
State  of  Tennejfee ;  and  bear  teft,  and  be  figned  by  the  re- 
fpe&ive  clerks.  Indi&ments  fhall  conclude,  Aga'wjl  the j>eace 
and  dignity  of  the  State, 


TENNESSEE. 


23- 

X.  Each  court  (hall  appoint  its  own  clerk,  who  may 
hold  his  office  during  good  behaviour. 

XI.  No  fine  fhall  be  laid  on  any  citizen  of  this  date,  that 
fhall  exceed  fifty  dollars,  uniefs  it  fnall  be  affeffed  by  a  jury 
of  his  peers,  who  (hall  affefs  the  fine  at  the  time  they  find  the 
faft,  if  they  think  the  fine  ought  to  be  more  than  fifty  dollars. 

XII.  There  fhall  be  Juftices  of  the  Peace  appointed  for 
each  county,  not  exceeding  two  for  each  captain’s  company, 
except  for  the  company  which  includes  the  county  town, 
which  (hall  not  exceed  three,  who  lhall  hold  their  offices 
during  good  behaviour. 

ARTICLE  VI. 

I.  There  (hall  be  appointed  in  each  county,  by  the  County 
Court,  one  Sheriff,  one  Coroner,  one  Truitee,  and  a  fuffi. 
cient  number  of  Conftables,  who  fhall  hold  their  offices  for 
two  years.  They  fhall  alfo  have  power  to  appoint  one  Re¬ 
gister  and  Ranger  for  the  county,  who  fhall  hold  their  offices 
during  good  behaviour.  The  Sheriff  and  Coroner  (hull  be 
CQinmiffioned  by  the  Governor.  ; 

II.  There  dial!  be  a  Treafurer  or  Treafurers  appointed  for 
the  (late,  who  (hall  hold  his  or  their  offices  for  two  years. 

III.  The  appointment  of  all  officers,  not  otherwife  directed 
by  this  conftitution,  lhall  be  veiled  in  the  Legiflature. 

ARTICLE  VII. 

I.  Captains,  fubalterns,  and  non-commiffioned  officers, 
fhall  be  elected  by  thofe  citizens,  in  their  refpeftive  diftricts,. 
who  are  fubjeft  to  military  duty. 

II.  All  field  officers  of  the  militia  fhall  be  elected  by  thofe 
citizens  in  their  refpeClive  counties  who  are  fubjedt  to  mili¬ 
tary  duty. 

III.  Brigadiers  General  (hall  be  elected  by  the  field  officers 
of  their  refpe&ive  brigades. 

IV.  Majors  General  fhall  be  elected  by  the  Brigadie  rs  and 
field  officers  of  the  refpective  divifions. 

V.  The  Governor  fha  I  appoint  the  Adjutant  General ;  the 

Majors  General  fhall  appoint  their  aids ;  the  Brigadiers  Ge¬ 
neral  fhall  appoint  their  Brigade  Majors,  and  the  command¬ 
ing  officers  of  regiments,  their  Adjutants  and  Quarter  Math 
ters.  X 


234 


CONSTITUTION  OF 


VI.  The  Captains  and  the  fubalterns  of  the  cavalry  (hall 
he  appointed  by  the  troops  enrolled  in  their  refpedive  compa¬ 
nies,  and  the  field  officers  of  the  diftrids  fhall  be  appointed 
by  the  faid  captains  and  fubalterns,  provided,  that  whenever 
any  new  county  is  laid  off,  that  the  field  officers  of  the  faid 
cavalry  fhall  appoint  the  captain  and  other  officers  therein, 
pro  tempore ,  until  the  company  is  filled  up  and  completed,  at 
which  time  the  election  of  the  captains  and  fubalterns  (hall 
take  place  as  afbrefaid. 

VII.  The  Legifiature  fhall  pafs  laws,  exempting  citizens, 
belonging  to  any  fed  or  denomination  of  religion,  the  tenets 
of  which  are  known  to  be  oppofed  to  the  bearing  of  arms, 
from  attending  private  and  general  mufters. 

ARTICLE  VIII. 

I.  Whereas  the  minifters  of  the  gofpel  are,  by  their  pro- 
feffions,  dedicated  to  God  and  the  care  of  fouls,  and  ought  not 
to  be  diverted  from  the  great  duties  of  their  functions  ;  there¬ 
fore  no  minifter  of  the  gofpel,  orprieft  of  any  denomination 
whatever,  fhall  be  eligible  to  a  feat  in  either  Houfe  of  the 
Legifiature. 

II.  No  perfon  who  denies  the  being  of  God  or  a  future 
fate  of  rewards  and  pun'ijhments ,  fhall  hold  any  office  in  the 
civil  department  of  this  ftate. 

ARTICLE  IX. 

I.  That  every  perfon  who  fhall  be  chofen  or  appointed  to 
any  office  of  truft  or  profit,  (hall,  before  entering  on  the  exe¬ 
cution  thereof,  take  an  oath  to  fupport  the  conftitution  of 
this  date,  and  alfo  an  oath  of  office. 

II.  That  each  member  of  the  Senate  and  Houfe  of  Repre- 
fentatives,  fhall,  before  they  proceed  to  bufinefs,  take  an 
oath  or  affirmation  to  fupport  the  conftitution  of  this  ftate, 
and  alfo  the  following  oath  : 

I,  A.  B ,  do  folemnly  fwear  (or  affirm)  that,  as  a  member 
of  this  General  Afiembly,  I  will  in  all  appointments  vote 
without  favor,  aftedion,  partiality,  or  prejudice,  and  that 
I  will  not  propofe  or  aflent  to  any  bill,  vote  or  refolution 
which  fhall  appear  to  me  injurious  to  the  people,  or  confent 
to  any  ad  or  thing  whatever,  that  fhall  have  a  tendency  to 
leflon  or  abridge  their  rights  and  privileges,  as  declared  by 
the  conftitution  of  this  ftate. 


■n1  .  11  — 


TENNESSEE. 


235 


III.  Any  ele&or  who,  fhall  receive  any  gift  o.r  reward  for 
Iiis  vote,  in  meat ,  drink,  money,  or  otherwife,  fhall  fuffer 
fuch  punifhment  as  the  laws  fhall  direft.  And  any  perfon 
who  (hall  di  redly  or  indiredly  give,  promile  or  bellow  any 
fuch  reward  to  be  eleded,  fhall  thereby  be  rendered  ineapa-' 
ble,  for  two  years,  to  ferve  in  the  office  for  which  he  was 
eleded,  and  be  fubjed  to  fuch  further  punilhment  as  the 
Legiflature  fhall  dired. 

IV.  No  new  county  fhall  be  eftabiifhed  by  the  General  Af~ 
fembly,  which  fhall  reduce  the  county  or  counties,  or  either 

i  of  them,  from  which  it  fhall  be  taken,  to  a  lefs  content  than 
'  fix  hundred  and  twenty-five  fquare  miles.  Nor  (hall  any  new 
county  be  laid  off,  of  lefs  contents.  All  new  counties,  as  to 
the  right  of  fuffrage  and  reprefentation,.  fhall  be  confidered 
as  a  part  of  the  county  or  counties  from  which  it  was  taken 
until  entitled  by  numbers  to  the  right  of  representation.  No 
bill  (hail  be  paffed  into  a  law,  for  the  eflabiifhment  of  a  new 
county,  except  upon  a  petition  to  the  General  Affembly  for 
that  purpofe,  figned  by  two  hundred  of  the  free  male  inha¬ 
bitants  within  the  limits  or  bounds  of  fuch  new  county 
prayed  to  be  laid  off, 

- - - 

ARTICLE  X. 

I.  Knoxville  fhall  be  the  feat  of  government,  until  the 
year  one  thoufand  eight  hundred  and  two. 

II.  All  laws  and  ordinances  now  in  force  and  ufe  in  this 
territory,  not  inconfiftent  with  this  conftitution,  fhall  conti¬ 
nue  to  be  in  force  and  ufe  in  this  ftate,  until  they  fliall  expire, 
be  altered,  or  repealed  by  the  Legillature. 

III.  That  whenever  two  thirds  of  the  General  Affembly 
fhall  think  it  neceffary  to  amend  or  change  this  conftitution, 
they  fhall  recommend  to  the  electors,  at  the  next  election  for 
Members  to  the  General  Affembly,  to  vote  for  or  againft  a 
convention;  and  if  it  fhall  appear  that  a  majority  of  all  the 
citizens  of  the  ftate,  voting  for  Reprefentatives,  have  voted 
for  a  convention,  the  General  Affembly  fhall,  at  their  next 
feffion,  call  a  convention,  to  confift  of  as  many  Members  as 
there  be  in  the  General  Affembly,  to  be  chofen  in  the  fame 
manner,  at  the  fame  place,  and  by  the  fame  electors,  that 
chufe  the  General  Affembly,  who  fhall  meet  within  three 
months  after  the  faid  election,  for  the  purpofe  of  reviling,  a- 
mending  or  changing  the  conftitution. 


CONSTITUTION  OF 


236 

IV.  The  Declaration  of  rights  hereto  annexed,  is  declared 
to  be  a  part  of  the  conftitution  of  this  date,  and  (hall  never 
be  violated  on  any  pretence  whatever.  And  to  guard  againft 
trar.fgreffions  of  the  high  powers  which  we  have  delegated. 
We  declare,  that  every  thing  in  the  bill  of  rights  contained, 
and  every  other  right  not  hereby  delegated,  is  excepted  out 
of  the  general  powers  of  government,  and  (hall  forever  re¬ 
main  inviolate. 


ARTICLE  XI. 

DECLARATION  OF  RIGHTS . 

I.  That  all  power  is  inherent  in  the  people,  and  all  free 
gov  ernments  are  founded  on  their  authority,  and  inftituted 
for  their  peace,  fafety,  and  happinefs :  for  the  advancement 
of  thofe  ends,  they  have  at  all  times  an  unalienable  and  inde- 
feafible  right  to  alter,  reform,  or  abolifh  the  government  in 
filch  manner  as  they  may  think  proper. 

II.  That  government  being  inftituted  for  the  common  be¬ 
nefit,  the  doctrine  of  non-refiitance  againft  arbitrary  power 
and  oppreflion  is  abfurd,  fiavifh,  and  deftrudive  to  the  good 
and  happinefs  of  mankind. 

III.  That  all  men  have  a  natural  and  indefeafible  right  to 
worfhip  Almighty  God  according  to  the  dictates  of  their 
own  confidences ;  that  no  man  can  of  right  be  compelled  to 
attend,  ered  or  fupport  any  place  of  worfhip,  or  to  maintain 
any  miniftry  againft  his  confent ;  that  no  human  authority  can 
in  any  cafe  whatever  controul  or  interfere  with  the  rights  of 
confcience;  and  that  no  preference  (hall  ever  be  given  by  law 
to  any  religious  eftablifhments  or  modes  of  worfhip. 

IV.  That  no  religious  teft  fhall  ever  be  required  as  a  quali¬ 
fication  to  any  office  or  public  truft  under  this  ftate. 

V.  That  eledions  fhall  be  dee  and  equal. 

VI.  That  the  right  of  trial  by  jury  fhall  remain  inviolate. 

VII.  That  the  people  fhall  be  fecure  in  their  perfons, 
houfes,  papers,  and  pofteffions,  from  unreafonable  fearches, 
and  feizures,  and  that  general  warrants,  whereby  an  officer 
may  be  commanded  to  fearch  fufpeded  places,  without  evi¬ 
dence  of  the  fad  committed,  or  to  feize  any  perfon  or  perfons 
not  named,  whofe  offences  are  not  particularly  deferibed  and 
fupported  by  evidence,  are  dangerous  to  liberty,  and  ought 
not  to  be  granted. 


TENNESSEE. 


*37 


VIII.  That  no  freeman  fhall  be  taken,  or  imprifoned,  or 
diffeized  of  his  freehold,  liberties,  or  privileges,  or  outlawed, 
or  exiled,  or  in  any  manner  deftroyed,  or  deprived  of  his 
life,  ii'oerty  or  property,  but  by  the  judgment  of  his  peers, 
or  the  law  of  the  land. 

IX.  That  in  all  criminal  profecutions,  the  accufed  hath  a 
right  to  be  heard  by  himfell  and  his  counfel,  to  demand  the 
nature  and  caufe  of  the  accufation  againft  him,  and  to  have 
a  copy  thereof;  to  meet  the  witneffes  face  to  face;  to  have 
compulfory  procefs  for  obtaining  witneffes  in  his  favour ;  and 
in  profecutions  by  indidment,  or  prefentment,  a  fpeedy  public 
trial,  by  an  impartial  jury  of  the  county  or  dillrid  in  which 
the  crime  fhall  have  been  committed;  and  fhall  not  be  com- 
pelled  to  give  evidence  againft  himfelf. 

X.  That  no  perfon  fhall,  for  the  fame  offence,  be  twice  put 
in  jeopardy  of  life  or  limb. 

XL  That  laws  made «for  the  punifhment  of  fads  commit¬ 
ted  previous  to  the  exigence  of  fuch  laws,  and  by  them  only 
declared  criminal,  are  contrary  to  the  principles  of  a  free  go. 
vernment ;  wherefore  no  ex  poji  fafio  law  fhall  be  made. 

XII.  That  no  convidion  fhall  work  corruption  of  blood 
or  forfeiture  of  eftate. — The  eftate  of  fuch  perfons  as  fhall 
deftroy  their  own  lives,  fhall  defcend  or  veil  as  in  cafe  of 
natural  death. — If  any  perfon  be  killed  by  cafualty,  there 
fhai  1  be  no  forfeiture  in  confequence  thereof. 

XIII.  That  no  perfon  arretted,  or  confined  in  goal,  (hall 
be  treated  with  unneceffary  rigour. 

XiV.  That  no  freeman  (haii  be  put  to  anfwer  any  criminal 
charge,  but  by  prefentment,  indidment  or  impeachment. 

XV.  'That  all  prifo.ners  fhall  be  bailable  by  fufficient  fu re¬ 
ties,  unlefs  f  r  capital  offences,  when  the  proof  is  evident 
or  the  prefumpri  >n  great.  And  the  privilege  of  the  writ  of 
habeas  corpus  (hall  not  be  fufpended,  uniefs  when  in  cTe  of  re¬ 
bellion  oririvafion  the  public  fifety  may  require  it. 

XVI.  That  exceffive  bail  fh  ill  not  be  required,  norexcef- 
five  fines  impofed,  nor  cruel  and  unufuai  punifhments  in- 
flided. 

XVII.  That  all  courts  fhall  be  open  ;  and  every  man,  for 
an  injury  done  him  in  his  lands,  goo.:  s,  perffn,  or  reputa¬ 
tion,  (hall  have  remedy  by  due  eourfe  of  law,  and  rigutand 
j.uftioe  adminiitered  without  d.-,  denial  or  dc -y.  Suits  may 

X  z 


CONSTITUTION  OF 


be  brought  againft  the  ftate  in  fuch  manner,  and  in  fuch 
courts  as  the  Legifiature  may  by  law  direct,  provided  the 
light  of  bringing  fuit  be  limited  to  the  citizens  of  this  {late. 

XVIII.  That  the  perfon  of  a  debtor,  where  there  is  not 
ftrong  prefumption  of  fraud,  fhall  not  be  continued  in  prifon, 
after  delivering  up  his  eftate  for  the  benefit  of  his  creditor  or 
creditors,  in  fuch  manner  as  fhall  be  prefcribed  by  law. 

XIX.  That  the  printing  prefles  fhall  be  free  to  every  per¬ 
fon  who  undertakes  to  examine  the  proceedings  of  the  Legif¬ 
lature,  or  of  any  branch  or  officer  of  government ;  and  no 
law  fhall  ever  be  made  to  reftrain  the  right  thereof.  i  he 
free  communication  of  thoughts  and  opinions,  is  one  of  the 
invaluable  rights  of  man  ;  and  every  citizen  may  free!}'  fpeak, 
write,  and  print  on  any  fubjed,  being  refponfible  for  the 
abufe  of  that  liberty.  But  in  profecutions  for  the  publication 
of  papers  in  veftigating  the  official  conduct  of  officers  or  men 
in  public  capacity,  the  truth  thereof  may  be  given  in  evi-* 
deuce  ;  and  in  all  indictments  for  libels,  the  jury  fhall  have 
a  right  to  determine  the  law  and  the  fads,  under  thediredion 
of  the  court,  as  in  other  cafes. 

XX.  That  no  retrofpedive  law,  or  law  impairing  the  obli¬ 
ge  ion  of  contrads,  fhall  be  made. 

XXI.  That  no  man’s  particular  fervices  fhall  be  demanded, 
or  property  taken,  orapp  ied  to  public  ufe,  without  the  con- 
fent  of  his  reprefentatives,  or  without  juft  compenfation  be¬ 
ing  made  therefor. 

XXII.  1’hat  the  citizens  have  a  right,  in  a  peaceable  man¬ 
ner,  to  aflemble  together  for  their  common  good,  to  initrud 
their  reprefentatives,  and  to  apply  to  thofe  inverted  with  the 
powers  of  government  for  redrefs  of  grievances,  or  other  pro¬ 
per  put  poles,  by  add  refs  or  remonftrance. 

XXIII.  'That  perpetuities  and  monopolies  are  contrary  to 
the  genius  of  a  free  itate,  and  fhall  not  be  allowed. 

XXIV.  That  the  fure  and  certain  defence  of  a  free  people 
is  a  vveli  regulated  militia  :  and  as  {landing  armies,  in  time  of 
peace,  are  dangerous  to  freedom,  they  ought  to  be  avoided, 
as  far  as  the  circumfiances  and  fafety  of  the  community  will 
admit;  and  that  in  all  cafes  the  military  fhali  be  in  ilrid 
fubordinadon  to  the  civil  authority. 

XXV.  That  no  citizen  in  this  ftate,  except  fuch  as  are 
employed  in  the  army  oi  the  United  States,  or  militia  in 


TENNESSEE. 


239 


aftnal  fervice,  fnall  be  fubje&ed  to  corporeal  punifhment  un¬ 
der  the  martial  iaw. 

XXVI.  That  the  freemen  of  this  (late  have  a  right  to  keep 
and  to  bear  arms  for  their  common  defence. 

XXVII.  That  no  foldier  (hall,  in  time  of  peace,  be  quar¬ 
tered  in  any  houfe  without  confent  of  the  owner,  nor  in  time 
of  war,  but  in  a  manner  prefcrihed  by  law. 

XXVIII.  That  no  citizen  of  this  date  (hall  be  compelled 
to  bear  arms,  provided  he  will  pay  an  equivalent,  to  be  af- 
certained  by  law. 

XXIX.  That  an  equal  participation  of  the  free  navigation 
of  the  Miffiffippi,  is  one  of  the  inherent  rights  of  the  citizens 
of  this  date:  it  cannot  therefore,  be  conceded  to  any  prince, 
potentate,  power,  perfon  or  perfons  whatever. 

XXX.  That  no  hereditary  emoluments,  privileges,  or 
honours  diall  ever  be  granted  or  conferred  in  this  date. 

XXXI.  That  the  people  redding  fouth  of  French  Broad 
and  Holdon,  between  the  rivers  TennelTee  and  the  Big  Pigeon, 
are  entitled  to  the  right  of  preemption  and  occupancy  in  that 
trail. 

XXXII.  That  the  limits  and  boundaries  of  this  date  be 
afcertained,  it  is  declared  they  are  as  hereafter  mentioned; 

that  is  to  fay  : - Beginning  on  the  extreme  height  of  the 

Stone  Mountain,  at  the  place  where  the  line  of  Virginia  inter¬ 
feels  it,  in  latitude  thirty-fix  degrees  and  thirty  minutes 
north — running  thence  along  the  extreme  height  of  the  faid 
mountain,  to  the  place  where  Watauga  River  breaks  through 
it;  thence  a  direct  courfe  to  the  top  of  the  Yeilow  Moun- . 
tain,  where  Bright’s  road  erodes  the  fame;  thence  along  the 
ridge  of  faid  mountain,  between  the  waters  of  Doe  River  and 
the  waters  of  Rock  Creek,  to  the  place  where  the  road  erodes 
the  Iron  Mountain;  from  thence  along  the  extreme  height 
of  faid  mountain  to  where  Nolichucky  River  runs  through 
the  fame;  thence  to  the  top  of  the  Bald  Mountain:  thence 
along  the  extreme  height  of  faid  mountain  to  the  Painted  Rock, 
on  French  Broad  River;  thence  along  the  highed  ridge  of 
faid  mountain,  to  the  piace  where  it  is  called  the  Gre.it  Iren 
or  Smoky  Mountain;  thence  along  the  extreme  height  of  faid 
mountain  to  the  piace  where  it  is  called  Unicoi  or  IJnaka 
Mountain,  between  the  Indian  towns  of  Cowee  and  Old 
Chota;  thence  along  the  main  ridge  of  the  faid  mountain  to 


2  4° 


CONSTITUTION  OF 


the  fouthern  boundary  of  this  date,  as  defcribed  in  the  aft  of 
cefiion  of  North-Carolina  to  the  United  States  of  America  ; 
and  that  all  the  territory,  lands  and  waters  lying  wed  of 
the  Fa  id  line,  as  before  mentioned,  and  contained  within  the 
chartered  limits  of  the  date  of  North-Carolina,  are  within  the 
boundaries  and  limits  of  this  date,  over  which  the  people 
have  the  right  of  exereifing  fovereignty  and  right  of  foil  fo 
far  as  is  confident  with  the  conditution  of  the  United  States, 
recognizing  the  articles  of  confederation,  the  bill  of  rights 
and  conditution  of  North-Carolina,  the  cedion  aft  of  the  faid 
date  and  the  ordinance  of  the  late  Congrefs,  for  the  Govern¬ 
ment  of  the  Territory  North  Wed  of  the  Ohio;  provided, 
nothing  herein  contained  fhall  extend  to  afteft  the  claim  or 
claims  of  individuals,  to  any  part  of  the  foil  which  is  recog¬ 
nized  to  them  by  the  aforefaid  ceffion  aft. 

SCHEDULE. 

I.  That  no  inconvenience  may  arife  from  a  change  of  the 
temporary  to  a  permanent  date  government,  it  is  declared, 
that  all  rights,  aftions,  profecutions,  claims,  and  contrafts, 
as  well  of  individuals  as  of  bodies  corporate,  fhall  continue, 
as  if  no  change  had  taken  place  in  the  adminidration  of 
government. 

II.  Ail  fines,  penalties,  and  forfeitures,  due  and  -owing  to 
the  territory  of  the  United  States  of  America  fouth  of  the 
river  Ohio,  fhall  enure  to  the  ufe  of  the  date.  Ail  bonds 
for  performance,  executed  to  the  Governor  of  the  faid  terri¬ 
tory,  fhall  be  and  pafs  over  to  the  Governor  of  this  date,  and 
his  fucceffors  in  office,  for  the  ufe  of  the  date,  or  by  him  or 
them  refpeftfvely  to  be  adigned  over  to  the  ufe  of  thofe  con¬ 
cerned,  as  the  cafe  may  be. 

III.  The  Governor,  Secretary,  Judges  and  Brigadiers 
General  have  a  right,  by  vitue  of  their  appointments,  under 
the  authority  of  the  United  States,  to  continue  in  the  excr- 
cife  of  the  duties  of  their  refpeftive  offices,  in  their  feveral 
departments,  until  the  faid  officers  are  fuperfeded  under  the 
authority  of  this  conditution. 

J 

IV.  All  officers,  civil  and  military,  who  have  been  appoint¬ 
ed  by  the  Governor,  fhall  continue  to  exercife  their  refpec- 
tive  offices  until  the  fecond  Monday  in  June,  and  until  fuc- 
ceffors  in  office  fhall  be  appointed  under  the  authority  of  this 
conditution,  and  duly  qualified. 


TENNESSEE 


241 

V.  The  Governor  {hall  make  ufe  of  his  private  Teal,  until  a 
ftate  feal  fhall  be  provided. 

VI.  Until  the  firft  enumeration  fliall  be  made,  as  directed 
in  the  fecond  legion  of  the  firft  article  of  this  conftitution, 
the  feveral  counties  fhall  be  refpeftively  entitled  to  eled:  one 
Senator  and  two  Reprefentatives :  Provided  that  no  new 
county  (hall  be  entitled  to  feparate  reprefentation  previous  to 
taking  the  enumeration. 

VII.  That  the  next  election  for  reprefentatives  and  other 
officers,  to  be  held  for  the  county  ofTenneffee,  fhall  beheld 
at  the  Houfe  of  William  Miles. 

VIII.  Until  a  land  office  fhall  be  opened,  fo  as  to  enable 
the  citizens  fouth  of  French  Broad  and  Holfton,  between  the 
Rivers  Tenneffee  and  Big  Pigeon,  to  obtain  titles  upon  their 
claims  of  occupancy  and  preemption,  thofe  who  hold  land 
by  virtue  ot  Inch  claims,  fhall  be  eligible  to  ferve  in  all  capa¬ 
cities  where  a  freehold  is  by  this  conftitution  made  a  requi- 
fite  qualification. 

DONE  in  Convention,  at  Knoxville,  by  unanimous 
confent,  on  the  fixth  day  of  February,  in  the  year  of 
our  Lord,  one  thoufand  feven  hundred  and  ninety-fix, 
and  of  the  Independence  of  the  United  States  of 
America,  the  twentieth — In  Teftimony  whereof  we 
have  hereunto  fubferibed  our  names. 


WILLIAM  BLOUNT,  President. 


Blount  County . 
David  Craig, 

James  Greenaway, 
Jofeph  Black, 

James  Houfton, 

Samuel  Glafs. 

Davidfon  County • 
John  iVL  iNdiry, 
Andrew  Jackfon, 
James  Robertfon, 
Thomas  Haraiman, 
Joel  Lewis. 


Sullivan  County . 
George  Rutledge, 

W  illiam  C.  C.  Claiborne, 
Richard  Gammon, 

John  Shelby,  jun. 

John  Rhea. 

Greene  County , 
Samuel  Frazier, 
Stephen  Brooks, 
William  Rankin, 
Elifha  Baker, 

John  Galbreath. 


CONSTITUTION  OF 


zyz 


Hawkins  County . 
James  Berry, 

Jofeph  M’  Min, 
Thomas  Henderfon, 
William  Cocke, 
Richard  Mitchell. 

Summer  County . 
David  Shelby, 

Ifaac  Walton, 

W.  Douglafs, 

Edward  Douglafs, 
Daniel  Smith. 


Jeff  erf  on  County. 

Alexander  Outlaw, 
Jofeph  Anderfon, 
George  Doherty, 
James  Roddye, 
Archibald  P^oane. 

Sevier  County*. 
Peter  Bryan, 

Samuel  Wier, 
Spencer  Clack, 

John  Clack, 

Thomas  Buckenhanv 


Tcnncffee  C ounty , 
Thomas  Johnfton, 
James  Ford, 

William  Fort, 
William  Prince, 
Robert  Prince. 


Wafhington  County , 
John  Tipton, 
Samuel  HandJy, 
Leeroy  Taylor, 
Landon  Carter, . 
James  Stuart. 


Knox  County . 

James  White, 

Charles  M’  Clung, 

John  Crawford, 

John  Adair. 

Attef.  WILLIAM  M  ACL  IN,  Secretary , 

KENTUCKY. 


The  CONSTITUTION ,  or  form  of  Government  for  the 

Slate  of  Kentucky . 

T  1  7K)  the  reprefentatires  of  the  people  of  the  Hate  of 
V  V  Kentucky,  in  convention  affembled,  to  fecure  to  all  the 
citizens  thereof,  the  enjoyment  of  the  right  of  life,  liberty 
and  property,  and  ofpurfuing  happinefs,  do  ordain  and  eftablifn 
this  conditution  for  its  government : 


KENTUCKY. 


243 


ARTICLE  I. 

Concerning  the  Difribution  of  the  Powers  of  the  Government, 
Section  i.  The  powers  of  the  government  of  the  date  of 
Kentucky,  fliall  be  divided  into  three  diftind  departments, 
and  each  of  them  be  confided  to  afeperate  body  of  magistracy, 
to  wit:  thofe  which  arelegiilative,  to  one  ;  tliofe  which  are  ex¬ 
ecutive,  to  another;  and  thofe  which  are  judiciary,  to  another,, 
Sect.  2.  No  perfon,  or  colledion  of  perfons,  being  of  one 
of  thofe  departments,  fhall  exercife  any  power  properly  belong¬ 
ing  to  either  of  the  others;  except  in  the  inftances  hereinaf¬ 
ter  exprefsly  direded  or  permitted. 

ARTICLE  II. 

Concerning  the  Legifative  Department, 

Sect.  i.  The  legillative  power  of  this  commonwealth  fhall 
be  verted  in  two  diftind  branches ;  the  one  to  be  filed  the 
Houfe  of  Reprefentatives,  the  other  the  Senate,  and  both  to¬ 
gether,  the  General  Alfembly  of  the  Commonwealth  of 
Kentucky. 

Sect.  2.  The  Members  of  the  Houfe  of  Reprefentatives 
fhall  continue  infervice  for  the  term  of  one  year  from  the  day 
of  the  commencement  of  the  general  eledion,  and  no  longer. 

Sect.  3.  Reprefentatives  fhall  be  chofen  on  the  firft  Mon¬ 
day  in  the  month  of  Auguft  in  every  year;  bss t  the  prefiding 
officers  of  the  feveral  eledions  fhall  continue  the  fame  for 
three  days,  at  the  requelt  of  any  one  of  the  candidates. 

Sect.  4.  No  perfon  fhall  be  a  reprefentative,  who  at  the 
time  of  his  eledion  is  not  a  citizen  of  the  United  States,  and 
hath  not  attained  to  the  age  of  twenty-four  years,  and  refided 
in  this  date  two  years  next  preceding  his  eledion,  and  the 
'laft  year  thereof  in  the  county  or  town  for  which  he  may 
be  chofen. 

Sect.  5.  Eledions  for  Reprefentatives  for  the  feveral 
counties  entitled  to  reprefentation,  fliall  be  held  at  the  places 
of  holding  their  refpedive  courts,  or  in  the  feveral  eledion 
precinds  into  which  the  Legiflature  may  think  proper,  from 
time  to  time,  to  divide  any  or  all  of  thofe  counties :  Provid¬ 
ed,  that  when  it  fhall  appear  to  the  Legillature  that  any 
town  hath  a  number  of  qualified  voters  equal  to  the  ratio 
then  fixed,  fuch  town  fliall  be  inverted  with  the  privilege  of 


"44- 


CONSTITUTION  OF 


a  feparate  reprefentation,  which  (hall  be  retained  fo  long  as 
fuch  town  (hall  contain  a  number  of  qualified  voters  equal  to 
the  ratio  which  may  from  time  to  time  be  fixed  by  law;  and 
thereafter  eledions,  for  the  county  in  wrhich  fuch  town  is  fitu- 
ated,  (hall  not  beheld  therein. 

Sect.  6.  Reprefentation  (hall  be  equal  and  uniform  in  this 
commonwealth  ;  and  (hall  be  forever  regulated  and  afcertained 
by  the  number  of  qualified  eiedois  therein.  In  the  year  eigh¬ 
teen  hundred  and  three,  and  every  fourth  year  thereafter,  an 
enumeration  of  all  the  free  male  inhabitants  of  the  Hate,  above 
twenty-one  years  of  age,  (hall  be  made  in  fuch  manner  as  fhall 
be  directed  by  law.  The  number  of  reprefentatives  (hall,  in 
the  feveral  years  of  making  thefe  enumerations,  be  fo  fixed  as 
not  to  be  lefs  than  fifty-eight,  nor  more  than  one  hundred, 
and  they  (hall  be  apportioned  for  the  four  years  next  following, 
as  near  as  may  be,  among  the  feveral  counties  and  towns,  in 
proportion  to  the  number  of  qualified  eledors :  but,  when  a 
county  may  not  have  a  fufficient  number  of  qualified  eledors 
to  entitle  it  to  one  Reprefentative,  and  when  the  adjacent 
county  or  counties  may  not  have  a  refiduum  or  refiduums, 
which,  when  added  to  the  fmall  county  would  entitle  it  to 
a  feparate  reprefentation,  it  fhall  then  be  in  the  power  of  the 
Legifiature  to  join  two  or  more  together,  for  the  purpofe  of 
fending  a  Reprefentative.  Provided,  that  when  there  are 
two  or  more  counties  adjoining,  which  have  refiduums  over 
and  above  the  ratio  then  fixed  by  law,  if  faid  refiduums  when 
added  together  will  amount  to  fuch  ratio,  in  that  cafe  one 
Reprefentative  fhall  be  added  to  that  county  having  the  larged 
refiduum. 

Sect.  7.  The  Houfe  of  Reprefentatives  fhall  choofe  its 
Speaker  and  other  officers. 

Sect.  8.  In  all  eledions  for  Reprefentatives,  every  free 
male  citizen  (negroes,  mulattoes  and  Indians  excepted)  who 
at  the  time  being,  hath  attained  to  the  age  of  twenty-one 
years,  and  refided  in  the  date  two  years,  or  the  county  or 
town  in  which  he  offers  to  vote  one  year  next  preceding  the 
eledion,  fhall  enjoy  the  right  of  an  eledor;  but  no  perfon 
fhall  be  intitled  to  vote,  except  in  the  county  or  town  in 
which  he  may  adually  rende  at  the  time  of  the  eledion, 
except  as  is  herein  otherwife  provided.  Eledors  fhall  in  all 
cafes,  except  treafon,  felony,  breach  or  furety  of  the  peace,  be 


KENTUCKY. 


*45 

privileged  from  arreft  during  their  attendance  at,  going  to, 
and  returning  from  elections. 

Sect.  9.  The  Members  of  the  Senate  fhall  be  chofen  for 
the  term  of  four  years  ;  and  when  affembied  dial!  have  the 
power  to  choofe  its  officers  annually. 

Sect.  10.  At  the  firft  feffion  of  the  General  Affiembly  af¬ 
ter  this  conftitution  takes  effed,  the  Senators  fhall  be  divided 
by  lot,  as  equally  as  may,  into  four  daffies  : — the  feats  of 
the  Senators  of  the  firft  clafs,  fhall  be  vacated  at  the  expira¬ 
tion  of  the  firft  year  ;  of  the  fecond  clafs  at  the  expiration 
of  the  fecond  year  ;  of  the  third  clafs  at  the  expiration  of  the 
third  year  ;  and  of  the  fourth  clafs  at  the  expiration  of  the 
fourth  year  ;  fo  that  one-fourth  fhall  be  chofen  every  year, 
and  a  rotation  thereby  kept  up  perpetually. 

Sect.  ii.  The  Senate  fhall  conftft  of  twenty-four  Mem¬ 
bers  at  leaft,  and  for  every  three  Members  above  fifty-eight, 
which  (hall  be  added  to  the  Houfe  of  Reprefentatives,  one 
Member  fhall  be  added  to  the  Senate. 

Sect.  12.  The  fame  number  of  fcnatorial  diftrids  fhall, 
from  time  to  time,  be  eftablifhed  by  the  Legiflature,  as  there 
may  then  be  Senators  allotted  to  the  ftate  ;  which  (hall  be 
fo  formed,  as  to  contain,  as  near  as  may  be,  an  equal  number 
of  free  male  inhabitants  in  each,  above  the  age  of  twenty- 
one  years,  and  fo  that  no  county  fhall  be  divided,  or  form 
more  than  one  diftrid  ;  and  where  two  or  more  counties 
compofe  a  diftrid,  they  (hall  be  adjoining. 

Sect.  13.  When  an  additional  Senator  may  be  added  to 
the  Senate,  he  fhall  be  annexed  by  lot  to  one  of  the  four 
claffes,  fo  as  to  keep  them  as  nearly  equal  in  number  as  pof- 
fible. 

Sect.  14.  One  Senator  for  each  diftrid  fhall  be  cleded 
by  thofe  qualified  to  vote  for  Reprefentatives  therein,  who 
fhall  give  their  votes  at  the  feveral  places  in  the  counties  or 
:  towns,  where  eledions  are  by  law  direded  to  be  held. 

Sect.  13.  No  perfon  fhall  be  a  Senator,  who,  at  the 
time  of  his  eledion,  is  not  a  citizen  of  the  United  States, 
and  who  hath  not  attained  to  the  age  of  thirty-five  years, 
and  refided  in  this  ftate  fix  years  next  preceding  his  eledion, 
and  the  laft  year  thereof  in  the  diftrid  from  which  he  may  be 
chofen. 


Y 


CONSTITUTION  OF 


246 

Sect.  16.  The  firffc  ele&ion  for  Senators  (hall  be  general 
throughout  the  flate,  and  at  the  fame  time  that  the  general 
ele&ion  for  Reprefentatives  is  held  ;  and  thereafter,  there 
Dial],  in  like  manner,  be  an  annual  eleftion  for  Senators  to 
fill  the  places  of  thofc  whole  time  of  fervice  may  have  ex- 

Sect.  17.  The  General  Affembly  fhall  convene  on  the 
isrft  Monday  in  the  month  of  November  in  every  year,  un- 
lefs  a  different  day  be  appointed  by  law  ;  and  their  fellions 
fhall  be  held  at  the  feat  of  government. 

Sect.  18.  Not  lefs  than  a  majority  of  the  Members  of 
each  Houfe  of  the  General  Affembly  fhall  conftitute  a  quo¬ 
rum  to  do  bufinefs ;  but  a  fmaller  number  may  adjourn  from 
day  to  day,  and  fhall  be  authorized  by  law  to  compel  the  at¬ 
tendance  of  abfent  Members,  in  fuch  manner,  and  under  fuch 
penalties  as  may  beprefcribed  thereby. 

Sect.  19.  Each  Houfe  of  the  General  Affembly  fhall  judge 
of  the  qualifications,  elections  and  returns  of  its  Members  ; 
but  a  contefled  election  fhall  be  determined  in  fuch  manner 
as  fhall  be  direffed  by  lawr. 

Sect.  20.  Each  Houfe  of  the  General  Affembly  may  de¬ 
termine  the  rules  of  its  proceedings  ;  punifh  a  Member  for 
diforderly  behaviour ;  and  with  the  concurrence  of  two- 
thirds,  expel  a  Member,  but  not  a  fecond  time  for  the  fame 
caufe. 

Sect.  21.  Each  Houfe  of  the  General  Affembly  fhall 
keep  and  publifh  weekly,  a  journal  of  its  proceedings  ;  and 
the  yeas  and  nays  of  the  Members  on  any  queftion,  fhall, 
at  the  defire  of  any  two  of  them,  be  entered  on  their  journal. 

Sect.  22.  Neither  Houfe,  during  the  feffion  of  the  Ge¬ 
neral  Affembly,  fhall,  without  the  confent  of  the  other,  ad¬ 
journ  for  more  than  three  days,  nor  to  any  other  place  than 
that  in  which  they  may  be  fitting. 

Sect.  23.  The  Members  of  the  General  Affembly  fhall 
feverally  receive  from  the  public  treafury,  a  compenfation  for 
their  fervices,  which  fhall  be  one  dollar  and  a  half  a  day, 
during  their  attendance  on,  going  to,  and  returning  from  the 
feffions  of  their  refpeftive  Houfes  :  Provided,  that  the  fame 
may  be  increafed  or  diminifhed  by  law  ;  but  no  alteration 
fhall  take  effeft  during  the  feffion  at  which  fuch  alteration 
fhall  be  made. 


KENTUCKY. 


HI 


t 


Sect.  24.  The  Members  of  the  General  Affembly  (hall, 
in  ail  cafes,  except  treafon,  felony,  breach  or  furety  of  the 
peace,  be  privileged  from  arred,  during  their  attendance  at 
the  feffions  of  their  refpeCtive  Houfes,  and  in  going  to,  and 
returning  from  the  fame;  and  for  any  fpeech  or  debate,  in 
either  Houfe,  they  fhall  not  be  qneftioned  in  any  other  place. 
Sect.  25",  No  Senator  or  Reprefentative  fhall,  during  the 
term  for  which  he  was  eie&ed,  nor  for  one  year  thereafter,  be 
appointed  or  elected  to  any  civil  office  of  profit  under  this 
commonwealth,  which  final!  have  been  created,  or  the  emolu¬ 
ments  of  which  fhall  have  been  increafed,  during  the  time 
fuch  Senator  or  Reprefentative  was  in  office,  except  to  fuch 

I  offices  or  appointments  as  may  be  made  or  filled  by  the  elec¬ 
tions  of  the  people. 

Sect.  26.  No  perfon,  while  he  continues  to  exercife  the 
functions  of  a  clergyman,  pried  or  teardier  of  any  religioas 
perfuaflon,  fociety  or  fed; ;  nor  whilft  he  holds  or  exercifes 
any  office  of  profit  under  this  commonwealth,  fhall  be  eligible 
to  the  General  Affembly  ;  except  attorneys  at  law,  juftices  of 
the  peace,  and  militia  officers:  Provided,  that  juflices  of  the 
courts  of  quarter  feffions  fhall  be  ineligible,  fo  long  as  any 
compenfation  may  be  allowed  them  for  their  fervices :  Pro¬ 
vided  alfo,  that  attorneys  for  the  commowealth,  who  receive 
a  fixed  annual  falary  from  the  public  treafury,  fhall  be  ineligible. 

Sect.  27.  No  perfon,  who  at  any  time  may  have  been  a 
collector  of  taxes  for  the  date  or  the  affidant  or  deputy  of 
fuch  collector,  fhall  be  eligible  to  the  General  Affembly  until 
he  (hall  have  obtained  a  quietus  for  the  amount  of  fuch  col¬ 
lection,  and  for  all  public  monies  for  which  he  may  be 
refponfihle. 

Sect.  28.  No  bill  fhall  have  the  force  of  a  law,  until  on 
three  feveral  days,  it  be  read  over  in  each  Houfe  of  the 
General  Affembly,  and  free  difeuffion  allowed  thereon;  un- 
lefs  in  cafes  of  urgency  four  fifths  of  the  Houfe,  where  the  bill 
fhall  be  depending,  may  deem  it  expedient  to  difpenfe  with 
this  rule. 

Sect.  29.  All  bills  for  railing  revenue,  fhall  originate  in 
the  Houfe  of  Reprefentatives  ;  but  the  Senate  may  propofe 
amendments,  as  in  other  bills :  Provided  that  they  fhall  not 
introduce  any  new  matter,  under  the  colour  of  an  amendment, 
which  does  not  relate  to  raifing  a  revenue. 


CONSTITUTION  OF 


248 


Sect.  30.  The  General  Afiembly  fhall  regulate  by  law, 
by  whom,  and  in  what  manner,  writs  of  eledion  fhall  be 
illued  to  jfiil  the  vacancies  which  may  happen  in  either  branch 
thereof. 


ARTICLE  III. 

Concerning  the  Executive  Department. 

Sect.  i.  The  Supreme  executive  power  of  the  common¬ 
wealth  fhall  be  vefted  in  a  Chief  Magiftrate,  who  fhall  be  fti- 
led  the  Governor  of  the  commonwealth  of  Kentucky. 

Sect.  2.  The  Governor  (hail  be  elected  for  the  term  of 
four  years  by  the  citizens  entitled  to  fuffrage,  at  the  time  and 
places  where  they  fir  all  refpedively  vote  for  Reprefentatives, 
The  ptrfon  ha\  ing  the  higheft  number  of  votes  fhall  be  go¬ 
vernor;  but  if  two  or  more  ihall  be  equal  and  higheft  in  votes, 
the  election  fhall  be  determined  by  iot,  in  fuch  manner  as  the 
Legiflature  may  direct. 

Sect.  3.  The  Governor  fhall  be  ineligible  for  thefucceed- 
ing  feven  years,  after  the  expiration  of  the  time  for  which  he 
fhall  have  been  eleded. 

Sect.  4.  He  fhall  be  at  leaft  thirty-five  years  of  age,  and 
a  citizen  of  the  United  States,  and  have  been  an  inhabitant 
of  this  ftate  at  leaft  fix  years  next  preceding  his  eledion. 

Sect.  5.  He  fhall  commence  the  execution  of  his  office  on 
the  fourth  Tuefday  fucceeding  the  day  of  the  commencement 
of  the  general  eledion  on  which  he  fhall  be  chofen,  and  fhall 
continue  in  the  execution  thereof  until  the  end  of  four  weeks 
next  fucceeding  the  eledion  of  his  fucceffor,  and  until  hisfuc- 
ceftor  fhall  have  taken  the  oaths  or  affirmations  prefcribed  by 
this  constitution. 

Sect.  6.  No  Member  of  Congrefs,  or  perfon  holding  any 
office  under  the  United  States,  nor  minifterof  any  religious 
fociety,  fhall  be  eligible  to  the  office  of  Governor. 

Sfct.  7.  The  Governor  fhall,  at  ftated  times,  receive  for 
his  fervices,  a  compenfation,  which  (hah  neither  be  increafed 
nor  diminifhed,  during  the  term  for  which  he  fhall  have  been 
eleded. 

Sect.  8.  He  fhall  be  commander  in  chief  of  the  army  and 
navy  of  this  commonwealth,  and  of  the  militia  thereof,  ex¬ 
cept  when  they  fhall  be  called  into  the  fervice  of  the  United 
States ;  but  he  fhall  not  command  perfonally  in  the  field. 


KENTUCKY. 


249 

unlefs  he  fhall  be  advifed  fo  to  do,  by  a  refolution  of  the 
General  A  {Terribly. 

Sect.  9.  He  fhall  nominate,  and  by  and  with  the  advice 
and  confent  of  the  Senate,  appoint  all  officers,  whofe  offices 
are  eftablifhed  by  this  conftitution,  or  fhall  be  eftablifhed  by 
law,  and  whofe  appointments  are  not  herein  otherwife  pro- 
vidid  for:  Provided  that  no  perfon  fhall  be  fo  appointed  to 
an  office  within  any  county,  who  fhall  not  have  been  a  citi¬ 
zen  and  inhabitant  therein,  one  year  next  before  his  appoint¬ 
ment,  if  the  county  fhall  have  been  fo  long  erected,  but  if  it 
fhall  not  have  been  fo  long  erected,  then  within  the  limits  of 
the  county  or  counties  from  which  it  fhall  have  been  taken  : 
Provided  alfo  that  the  county  courts  fhall  be  authorized  by 
law  to  appoint  infpedtors,  coilefftors  and  their  deputies,  fur- 
veyors  of  the  high  ways,  conftables,  jailors,  and  fuch  other 
inferior  officers,  whofe  jurifdi&ion  may  be  confined  within 
the  limits  of  a  county. 

Sect.  10.  The  Governor  (hall  have  power  to  fill  up  vacan¬ 
cies  that  may  happen  during  the  recefs  of  the  Senate,  by  grant¬ 
ing  commiffions,  which  fhall  expire  at  the  end  of  their  next 
feffion. 

Sect,  i  r .  He  fhall  have  power  to  remit  fines  and  forfeitures, 
grant  reprieves  and  pardons,  except  in  cafes  of  impeachment. 
In  cafes  of  treafon,  he  fhall  have  power  to  grant  reprieves 
until  the  end  of  the  next  feffion  of  the  General  Affemblyj  in 
which  the  power  of  pardoning  fhall  be  veiled. 

Sect,  i  2.  He  may  require  information  in  writing  from  the 
officers  in  the  executive  department,  upon  any  fubject  relating 
to  the  duties  of  their  refpeftive  offices. 

Sect.  13.  He  fhall  from  time  to  time  give  to  the  General 
Affembly,  information  of  the  Hate  of  the  commonwealth,  and 
recommend  to  their  eopfideration  fuch  meafures  as  he  fhall 
deem  expedient. 

Sect.  14.  He  may  on  extraordinary  occafions  convene  the 
General  Affembly  at  the  feat  of  government,  or  at  a  different 
place,  if  thatfhould  have  become,  fince  their  laft  adjournment, 
dangerous  from  an  enemy,  or  from  contagious  uiforders  ;  and 
in  cafe  of  difag.reement  between  the  two  houfes,  with  refpeft 
to  the  time  of  adjourment,  adjourn  them  to  fuch  time  as  he 
fhall  think  proper,  not  exceeding  four  months. 

Sect.  15.  He  fhall  take  care  that  the  Jaws  be  faithfully 
executed,  Ya 


25 o 


CONSTITUTION  OF 


Sect,  i  6.  A  Lieutenant  Governor  fhall  be  chofen  at  every 
election  for  a  Governor,  in  the  fame  manner,  continue  in  of¬ 
fice  for  the  fame  time,  andpoffefs  the  fame  qualifications.  In 
voting  for  Governor,  and  Lieutenant  Governor,  the  electors 
fhall  diftinguifh  whom  they  vote  for  as  Governor,  and  whom 
as  Lieutenant  Governor. 

Sect,  i  7.  He  fhall  by  virtue  of  his  office  be  Speaker  of  the 
Senate,  have  a  right,  when  in  committee  of  the  whole,  to  de¬ 
bate  and  vote  on  all  fubjeds;  and  when  the  Senate  are  equally 
divided,  to  give  the  cafting  vote. 

Sect.  18.  In  cafe  of  the  impeachment  of  the  Governor,  his 
removal  from  office,  death,  refufal  to  qualify,  refignation  or 
abfence  from  the  ftate,  the  Lieutenant  Governor  fhall  exercife 
all  the  power  and  authority  appertaining  to  the  office  of  Go¬ 
vernor,  until  another  be  duly  qualified,  or  the  Governor  abfent, 
or  impeached,  fhall  return,  or  be  acquitted. 

Sect.  19.  Whenever  the  government  fhall  be  adminiftered 
by  the  Lieutenant  Governor,  or  he  fhall  be  unable  to  attend  as 
Speaker  of  the  Senate,  the  Senators  fhall  eleft  one  of  their  own 
members  as  Speaker,  for  that  occafion.  And  if,  during  the  va¬ 
cancy  of  the  office  of  Governor,  the  Lieutenant  Governor  fhall 
be  impeached,  removed  from  office,  refufe  to  qualify,  refign, 
die,  or  be  abfent  from  the  ftate,  the  Speaker  of  the  Senate  fhall, 
in  iike  manner,  adminifter  the  government. 

Se  t.  20.  The  Lieutenant  Governor,  whileheattsas  Speak¬ 
er  to  the  Senate,  fhall  receive  for  his  fervices  the  fame  com- 
penfation,  which  fhall  for  the  fame  period  he  allowed  to  the 
Speaker  of  the  Houfe  of  Reprefentatives,  and  no  more;  and 
during  the  time  he  adminifters  the  government  as  Governor, 
fhall  receive  the  fa  ne  compenfation  which  the  Governor 
wouid  have  received  and  been  entitled  to,  had  he  been  employ¬ 
ed  in  the  duties  of  his  office. 

Sect.  21.  The  Speaker  pro  tempore  of  the  Senate,  during 
the  time  he  adminifters  the  government,  fhali  receive  in  like 
manner  the  fame  compenfation  which  the  Governor  would 
Lave  received,  had  he  been  employed  in  the  duties  of  his  office. 

Sect.  22.  If  the  Lieutenant  Governor  fhall  be  called  upon 
to  adminifter  .he  giveri  m  nr,  and  fhall,  while  infuch  admini- 
ftration,  refign,  die,  or  be  abfent  from  the  fta^e  during  the  re- 
cefs  of  the  General  Affembly,  it  fhall  be  the  duty  of  the  Se¬ 
cretary,  for  the  time  being,  to  convene  the  Senate  for  the  pur, 
pofe  ot  chooling  a  Speaker, 


KENTUCKY. 


251 

Sect.  23.  An  Attorney  General,  and  fuch  other  attornies 
for  the  commonwealth  as  may  be  neceflfary,  (hall  be  appointed, 
whole  duty  Ihall  be  regulated  by  law.  Attornies  for  the 
commonwealth  for  the  feveral  counties  fhall  be  appointed  by 
the  refpedive  courts  having  jurifdidion  therein. 

Sect.  24.  A  Secretary  lhali  be  appointed  and  commiffioned 
during  the  term  for  which  the  Governor  (hall  have  been  elec¬ 
ted,  if  he  (hall  fo  long  behave  himfelf  well.  He  lhali  keep  a 
fair  regifter,  and  atteft  all  the  official  ads  and  proceedings  of 
the  Governor,  and  lhali,  when  required,  lay  the  fame  and  all 
papers,  minutes  and  vouchers  relative  thereto,  before  either 
Houfe  of  the  General  Alfembly,  and  fhall  perform  fuch  other 
duties  as  may  be  enjoined  him  by  law. 

Sect.  25.  Every  bill  which  fhall  have  paffed  both  Houfes 
fhall  be  prefented  to  the  Governor;  if  he  approve  he  fhall  lign 
it,  but  if  not,  he  lhali  return  it  with  his  objections  to  the 
Houfe  in  which  it  fhall  have  originated,  who  lhali  enter  the 
objedions  at  large  upon  their  journal,  and  proceed  to  recon- 
fiderit;  if,  after  fuch  reconfideration,  a  majority  of  all  the 
Members  eleded  to  that  Houfe  lhali  agree  to  pafs  the  bill, 
it  fhall  be  fent,  with  the  objedions,  to  the  other  Houfe,  by 
which  it  lhali  iikewife  be  confidered,  and  if  approved  by  a 
majority  of  all  the  Members  eleded  to  that  Houfe,  it  lhali 
be  a  law;  but  in  fuch  cafes  the  votes  of  both  Houfes  fhall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  perfons 
voting  for,  and  againlt  the  bill,  fhall  be  entered  on  the  jour¬ 
nal  of  each  Houfe  refpedively  ;  if  any  bib  fhall  not  be 
returned  by  the  Governor,  within  ten  days  (Sundays  ex¬ 
cepted)  after  it  lhali  have  been  prefented  to  him,  it  lhali  be 
a  law  in  like  manner  as  if  he  had  figned  it,  unlefs  the  Ge¬ 
neral  Alfembly  by  their  adjournment  prevent  its  return;  in 
which  cafe  it  lhali  be  a  law,  unlefs  fent  back  within  three 
days  alter  their  next  meeting. 

Sect.  26.  Every  order,  refolution  or  vote,  to  which  the 
concurrence  of  both  Houfes  may  be  necelfary,  except  on  a 
queition  of  adjournment,  lhali  be  prefented  to  the  Governor, 
and  before  it  lhali  take  effed,  be  approved  by  him;  or,  being 
dilapproved,  fhall  be  repaired  by  a  majority  of  ali  the  Mem¬ 
bers  deded  to  b  ,th  Houfes,  according  to  the  rules  and 
tations  p±  clubbed  in  cafe  of  a  bid, 


2$2 


CONSTITUTION  OF 


Sect.  27.  Contefted  eleftions  for  a  Governor  and  Lieu¬ 
tenant  Governor,  fhall  be  determined  by  a  committee  to  be 
felefted  from  both  Houfes  of  the  General  Affembly,  and  for¬ 
med  and  regulated  in  fuch  manner  as  fhall  be  directed  by  law. 

Sect.  28.  The  freemen  of  this  commonwealth  (Negroes, 
Muiattoes  and  Indians  excepted)  fhall  be  armed  and  difci- 
plined  for  its  defence.  Thofe  who  confciencioufly  fcruple  to 
bear  arms,  (hail  not  be  compelled  to  do  fo,  but  fhall  pay  an 
equivalent  for  perfonal  fervice. 

Sect.  29.  The  commanding  officers  of  the  refpe&ive  regi¬ 
ments  fhall  appoint  the  regimental  ftaff;  Brigadier  Generals 
their  Brigade  Majors;  Major  Generals,  their  aids;  and  cap¬ 
tains,  the  non  commiffioned  officers  of  companies. 

Sect.  30.  A  majority  of  the  held  officers  and  captains  in 
each  regiment,  fhall  nominate  the  commiffioned  officers  in 
each  company,  who  fhall  be  commiffioned  by  the  Governor; 
Provided  that  no  nomination  fhall  be  made,  uniefs  two  at 
leaffc  of  the  field  officers  are  prefent;  and  when  two  or  more 
perfons  have  an  equal,  and  the  higheft  number  of  votes,  the 
field  officer  prefent,  who  may  be  higheit  in  commiffion,  fhall 
decide  the  nomination. 

Sect.  3.1*  Sheriffs  fhall  be  hereafter  appointed  in  the  fol¬ 
lowing  manner  : — When  the  time  of  a  flier  iff  for  any  county 
may  be  about  to  expire,  the  county  court  for  the  fame  (a 
majority  of  all  its  juftices  being  prefent)  fhall>  in  the  months 
of  September,  Oftober,  or  November  next  preceding  thereto,  , 
recommend  to  the  Governor  two  proper  perfons  to  fill  the 
office,  who  are  then  juftices  of  the  county  court;  and  who  fhall 
in  fuch  recommendation  pay  a  juft  regard  tofeniority  in  office 
and  a  regular  rotation.  One  of  the  perfons  fo  recommended 
fhall  be  commiffioned  by  the  Governor,  and  fhall  hold  his 
office  for  two  years,  if  he  fo  long  behave  well,  and  until  a 
fucceffor  be  duly  qua  ified.  If  the  county  court  fhall  omit  in 
the  months  aforefaid  to  make  fuch  recommendation,  the 
Governor  fhall  then  nominate,  and  by  and  with  the  advice 
and  confent  of  the  Senate,  appoint  a  fit  perfon  to  fill  fuch  office* 

ARTICLE  IV. 

Concerning  the  Judicial  Department. 

Section  i.  The  judicial  power  of  this  commonwealth, 

both  as  to  matters  of  law  and  equity,  fhall  be  veiled  in  one 


KENTUCKY. 


253 

fupreme  court,  which  fhall  be  diled  the  court  of  appeals,  and 
in  fuch  inferior  courts  as  the  General  Affembly  may  from 
time  to  time  ereft  and  efbablifh. 

Sect.  2.  The  court  of  appeals,  except  in  cafes  otnerwife 
directed  by  this  conftitution,  fhall  have  appellate  jurifdiction 
only;  which  fhall  be  co-extenfive  with  the  date,  under  fuch 
redriftions  and  regulations,  not  repugnant  to  this  conftitution, 
as  may  from  time  to  time  be  prefcribed  by  law. 

Sect.  3.  The  Judges,  both  of  the  fupreme  and  inferior 
courts,  fhall  hold  their  offices  during  good  behaviour;  but  for 
any  reafonable  caufe  which  fhall  not  be  fufficient  ground  of 
impeachment,  the  Governor  (hall  remove  any  of  them  on  the 
addrefs  of  two-thirds  of  each  Hoafe  of  the  General  Affembly : 
Provided  however,  that  the  caufe  or  caufes  for  which  fuch 
removal  may  be  required,  fhall  be  dated  at  length  in  fuch  ad¬ 
drefs,  and  on  the  journal  of  each  Houfe.  They  lhall  at  dated 
times  receive  for  their  fervices  an  adequate  compenfation  to 
be  fixed  by  law. 

Sect.  4.  The  Judges  fhall.  by  virtue  of  their  office,  be 
confervators  of  the  peace  throughout  the  date.  The  ftile  of 
all  procefs  fhall  be  i(  The  common  wealth  of  Kentucky.”  All 
profecutions  fhall  be  carried  on  in  the  name,  and  by  the  au¬ 
thority  of  the  commonwealth  of  Kentucky,  and  conclude 
againft  the  peace  and  dignity  of  the  fame. 

Sect.  5.  There  fhall  be  eftablifhed  in  each  county,  now 
or  which  may  hereafter  be  ere&ed,  within  this  common¬ 
wealth,  a  county  court. 

Sect.  6.  A  competent  number  of  judices  of  the  peace  fhall 
be  appointed  in  each  county ;  they  fhall  be  commifiioned  du¬ 
ring  good  behaviour,  but  may  be  removed  on  convittion  of 
mifbehaviour  in  office,  or  of  any  infamous  crime,  or  on  the 
addrefs  of  two-thirds  of  each  Houfe  of  the  General  Affembly  ; 
Provided  however,  that  the  caufe  or  caufes  for  which  fuch 
removal  may  be  required,  fhall  be  dated  at  length  in  fuck 
addrefs  and  on  the  journal  of  each  Houfe. 

Sect.  7.  The  number  of  the  judices  of  the  peace,  to  which 
the  feveral  counties  in  this  commonwealth  now  edablifhed, 
or  which  may  hereafter  be  edablifhed,  ought  to  be  entitled, 
fhall  from  time  to  time  be  regulated  by  law. 

Sect.  8.  When  afurveyor,  coroner,  or  a  juflice  of  the  peace, 
(hail  be  needed  in  any  county,  the  county  court  for  the  fame. 


COSTITUTION  OF 


*54 

a  majority  of  all  its  judices  concurring  therein,  (halT  recom¬ 
mend  to  the  Governor  two  proper  perfons  to  fill  the  office, 
one  of  whom  he  (hall  appoint  thereto:  Provided  however, 
that  if  the  county  court  (hall  for  twelve  months  omit  to  make 
fuch  recommendation,  after  being  requelted  by  the  Governor 
to  recommend  proper  perfons,  he  (hail  then  nominate,  and  by 
and  with  the  advice  and  confent  of  the  Senate,  appoint  a  fit 
perfon  to  fill  fuch  office. 

Sect.  9.  When  a  new  county  fhall  be  ereded,  a  competent 
number  of  jufiices  of  the  peace>:a  Sheriff  and  Coroner  therefor, 
(hall  be  recommended  to  the  Governor  by  a  majority  of  all  the 
Members  of  the  Houfe  of  Reprefentatives  from  the  fenatorial 
didrid  or  didrids  in  which  the  county  is  fituated  ;  and  if 
either  of  the  perfons  thus  recommended  fhall  be  rejeded  by 
the  Governor  or  the  Senate,  another  perfon  (hall  immediately 
be  recommended  as  aforefaid. 

Sect.  10.  Each  court  (hall  appoint  its  own  clerk,  who 
fhall  hold  his  office  during  good  behaviour ;  but  no  perfon 
fhall  be  appointed  clerk,  only  pro  tempore,  who  (hall  not 
produce  to  the  court  appointing  him  a  certificate  from  a  majo¬ 
rity  of  the  judges  of  the  court  of  appeals,  that  he  had  been 
examined  by  their  clerk  in  their  prefence,  and  under  their 
direction,  and  that  they  judge  him  to  be  welhqaalifiid  to  exe¬ 
cute  the  office  of  clerk  to  any  court  of  the  fame  dignity,  with 
that  for  which  he  offers  himfelf.  They  (hall  be  removable 
for  breach  of  good  behaviour  by  the  court  of  appeals  only,  who 
fhall  be  judges  of  the  fad  as  well  as  of  the  law.  Two  thirds 
of  the  Members  prefent  mud  concur  in  the  fentence. 

Sect.  1 1.  All  commiffions  fhall  be  in  the  name,  and  by  the 
authority  of  the  (late  of  Kentucky,  and  fealed  with  the  date 
feal,  and  figned  by  the  Governonr. 

Sect.  12.  The  date  treafurer  and  printer  or  printers  for 
the  commonwealth,  fhall  be  appointed  annually  by  the  joint 
vote  of  both  Boufes  of  the  General  Affembly  :  Provided  that 
during  the  recefs  of  the  fame,  the  Governor  (hall  have  power 
to  fill  vacancies  which  may  happen  in  either  of  the  faid  offices, 

ARTICLE  V. 

Concerning  Impeachments. 

Sect.  i.  The  Houfe  of  Reprefentatives  (hall  have  the  foie 
power  of  impeaching. 


KENTUCKY. 


2^ 

Sect.  2.  All  impeachments  fhall  be  tried  by  the  Senate  : 
when  fitting  for  that  purpofe,  the  Senators  fhall  be  upon  oath 
or  affirmation:  No  perfon  fhall  be  convided  without  the  con¬ 
currence  of  two  thirds  of  the  Members  prefent. 

Sect.  3.  The  Governor  and  all  civil  officers  fhall  be  liable 
to  impeachment  for  any  mifdemeanor  in  office^  but  judgment, 
in  fueh  cafes,  fhall  not  extend  further  than  to  removal  from 
office,  and  difqualification  to  hold  any  office  of  honor,  truft, 
or  profit  under  this  commonwealth;  but  the  party  convided 
fhall  neverthelefs  be  liable  and  fubjed  to  indidment,  trial, 
and  punifhment  according  to  law. 

ARTICLE  VI. 

General  Pro^v  'ijions, 

Secton  1.  Members  of  the  General  Affiembly,  and  all 
officers,  executive  and  judicial,  before  they  enter  upon  the 
execution  of  their  refpedive  offices,  fhall  take  the  following 
oath  or  affirmation:  “  I  do  folemny  fwear  (or  affirm  as  the 
cafe  may  be)  that  I  will  be  faithful  and  true  to  the  common¬ 
wealth  of  Kentucky,  fo  long  as  I  continue  a  citizen  thereof, 
and  that  I  will  faithfully  execute  to  the  beft  of  my  abilities, 
the  office  of  according  to  law.,J> 

Sect.  2.  Treafon  againft  the  commonwealth,  fhall  confift 
only  in  levying  war  againft  it,  or  in  adhering  to  its  enemies, 
giving  them  aid  and  comfort.  No  perfon  fhall  be  convided  of 
treafon,  unlefs  on  the  teftimony  of  two  witneffes  to  the  fame 
overt  ad,  or  his  own  confeffion  in  open  court. 

Sect.  3.  Every  perfon  fhall  be  difqualified  from  ferving  as  a 
Governor,  Lieutenant  Governor,  Senator,  or  Reprefentative, 
for  the  term  for  which  he  fhall  have  been  eleded,  who  fhall 
be  convided  of  having  given  or  offered  any  bribe  or  treat, 
to  procure  his  eledion. 

Sect.  4.  Laws  fhall  be  made  to  exclude  from  office  and 
from  fuffrage,  thofe  who  fhall  thereafter  be  convided  of  bri¬ 
bery,  perjury,  forgery,  or  other  high  crimes  or  mifdemeanors. 
'The  privilege  of  free  fuffrage  fhall  be  fupported  by  laws  regu¬ 
lating  eledions,  and  prohibiting,  under  adequate  penalties,  all 
undue  influence  thereon  from  power,  bribery,  tumult,  or  other 
improper  pradices. 

Sect.  5.  No  money  fhall  be  drawn  from  the  treafury,  but 
iin  purfuance  of  appropriations  made  by  law,  nor  fhall  any  ap- 


q$6 


CONSTITUTION  OF 


propriations  of  money  for  the  fupport  of  an  army  be  made  for 
a  longer  time  than  one  year;  and  a  regular  ftatement  and  ac¬ 
count  of  the  receipts  and  expenditures  of  all  public  money, 
fhall  be  publifhed  annually. 

Sect.  6.  The  General  Affembly  (hall  diredl  by  law  in  what 
manner,  and  in  what  courts,  fuits  may  be  brought  againft  the 
commonwealth. 

Sect.  7.  Thex manner  of  adminiftering  an  oath  or  affirma¬ 
tion  fhall  be  fuch  as  is  molt  confiftent  with  the  conference  of 
the  deponent,  and  fhall  be  efteemed  by  the  General  Affembly 
the  mod  folemn  appeal  to  God. 

Sect.  8.  All  laws,  which  on  the  firfl  day  of  June  one 
thoufand  feven  hundred  and  ninety-two,  were  in  force  in  the 
ftate  of  Virginia,  and  which  are  of  a  general  nature,  and  not 
local  to  that  ftate,  and  not  repugnant  to  this  conftitution, 
nor  to  the  laws  which  have  been  enadled  by  the  Legiftature 
of  this  commonwealth,  fhall  be  in  force  within  this  ftate, 
until  they  (hall  be  altered  or  repealed  by  the  General  Affembly. 

Sect.  9.  The  compadl  with  the  ftate  of  Virginia,  fubjedV 
to  fuch  alterations  as  may  be  made  therein  agreeably  to  the 
mode  preferibed  by  the  faid  compadi,  fhall  be  confidered  as 
part  of  this  conftitution. 

Sect.  10.  It  fhall  be  the  duty  of  the  General  Affembly  to 
pafs  fuch  laws  as  fhall  be  neceffary  and  proper  to  decide  differ¬ 
ences  by  arbitrators,  to  be  appointed  by  the  parties  who  may 
chufe  that  fummary  mode  of  adjuftment. 

Sect.  1 1 .  All  civil  officers  for  the  commonwealth  at  large, 
fhall  reftde  within  the  ftate,  and  all  diftridf,  county,  or  town 
officers,  within  their  refpedtive  diftridts,  counties  or  towns 
(traftees  of  towns  excepted)  and  {hall  keep  their  refpediive 
offices  at  fuch  places  therein,  as  may  be  required  by  law  : 
and  all  militia  officers  fhall  reftde  in  the  bounds  of  the  divifion, 
brigade,  regiment,  battalion,  or  company  to  which  they  may 
feverally  belong. 

Sect.  12.  The  Attorney  General  and  other  attornies  for 
this  commonwealth,  who  receive  a  fixed  annual  falary  from 
the  public  treafury,  Judges  and  Clerks  of  courts,  Juftices  of 
the  Peace,  Surveyors  of  lands,  and  all  commiffioned  militia 
officers,  fhall  hold  their  refpediive  offices  during  good  beha¬ 
viour,  and  the  continuance  of  their  refpedtive  courts,  under 
the  exceptions  contained  in  this  conftitution* 


KENTUCKY. 


2L7 


Sect.  13.  Abfence  on  the  bufmefs  of  this  Hate,  or  the 
United  States,  fnall  not  forfeit  a  refidence  once  obtained,  fo  as 
to  deprive  any  one  of  the  right  of  fuffrage,  or  of  being  elec¬ 
ted  or  appointed  to  any  office  under  this  commonwealth,  un¬ 
der  the  exceptions  contained  in  this  ecnditution. 

Sect.  14.  It  fhall  be  the  duty  of  the  General  Amenably 
to  regulate  by  law,  in  what  cafes,  and  what  deduction  from 
the  falaries  of  public  officers  fhall  be  made,  for  negleft  of  duty 
in  their  official  capacity. 

Sect.  15.  Returns  of  all  elections  for  Governor,  Lieute¬ 
nant  Governor,  and  Members  of  the  General  Afiembly,  fhall 
be  made  to  the  Secretary  for  the  time  being. 

Sect.  16.  In  all  elections  by  the  people,  and  alfo  by  the 
Senate  and  Houfe  of  Representatives,  jointly  or  feparatelv, 
the  votes  fhall  be  perfonally  and  publicly  given,  viva  voce. 

Sect.  17.  No  Member  of  Congrefs  nor  perfon  holding  or 
exercifing  any  office  of  trull  or  profit  under  the  United  States, 
or  either  of  them,  or  under  any  foreign  power,  fnall  be  eli¬ 
gible  as  a  Member  of  the  General  Afiembly  of  this  common¬ 
wealth,  or  hold  or  exercife  any  office  of  trull  or  profit  under 
the  fame. 

Sect.  18.  The  General  AiTembly  fhall  dired  by  law  how 
perfons,  who  now  are  or  rnay  hereafter  become  fecurities  for 
public  officers,  may  be  relieved  or  difcharged  on  account  of 
fuch  fecurityfliip. 

ARTICLE  VII. 

Concerning  Slaves. 

Sect,  i  .  The  General  Afiembly  fhall  have  no  power  to  paf« 
laws  for  the  emancipation  of  flaves  without  the  confent  of 
their  owners,  or  without  paying  their  owners,  previous  to 
fuch  emancipation,  a  full  equivalent  in  money,  for  the  flaves 
fo  emancipated.  They  ill  all  have  no  power  to  prevent  emi¬ 
grants  to  this  date  from  bringing  with  them  fuch  perfons  as 

are  deemed  Oaves  bv  the  laws  of  anv  one  of  the  United  States. 

j  .  J  ' 

fo  long  as  any  perfon  of  the  fame  age  or  defcription  fnall  be 
continued  in  flavery  by  the  laws  of  this  date.  They  diall 
pafs  laws  to  permit  the  owners  of  daves  to  emancipate  them, 
laving  the  rights  of  creditors,  and  preventing  them  from  be¬ 
coming  a  charge  to  any  county  in  this  commonwealth.  They 
fnall  have  full  power  to  prevent  daves  being  brought  into  this 

Z 


CONSTITUTION  OF 


Hate  as  merchandize.  They  fhall  have  full  power  to  pre¬ 
vent  any  Haves  being  brought  into  this  Hate  from  a  foreign 
country,  and  to  prevent  thofe  from  being  brought  into  this 
Hate,  who  have  been  lines  the  fir  ft  day  of  January,  one  thou¬ 
sand  feven  hundred  eighty-nine,  or  may  hereafter  be  im¬ 
ported  into  any  of  the  United  States  from  a  foreign  country. 
And  they  fhall  have  full  power  to  pafs  fucli  laws  as  may  be 
neceffary,  to  oblige  the  owners  of  Haves  to  treat  them  with 
humanity,  to  provide  for  them  neceffary  clothing  and  provi¬ 
sion,  to  abHain  from  all  injuries  to  them  extending  to  life  or 
limb,  and  in  cafe  of  their  negleff  or  rerufal  to  comply  with 
the  directions  of  fuch  laws,  to  have  fuch  Have  or  Haves  fold 
for  the  benefit  of  their  owner  or  owners. 

Sect.  2.  In  the  profecution  of  Haves  for  felony,  no  in- 
qneft  by  a  grand  jury  fhall  be  neceffary,  but  the  proceedings 
in  fuch  profecutions  {hall  be  regulated  by  law  :  except  that 
the  General  Affembly  fhall  have  no  power  to  deprive  them  of 
the  privilege  of  an  impartial  trial  by  a  petit  jury. 

ARTICLE  VIII. 

The  feat  of  government  fhall  continue  in  the  town  of 
Frankfort*  until  it  fnali  be  removed  by  law  :  Provided  how¬ 
ever,  that  two-thirds  of  all  the  Members  eleiffed  to  each 
Ho  ufe  of  the  General  Affembly,  Hiall  concur  in  the  paffage 
of  fucli  law. 


ARTICLE  IX. 

Mode  of  rev  if  tig  the  Conft'ituUon . 

When  experience  fhall  point  out  the  neceffity  of  amending 
this  conftitution,  and  when  a  majority  of  all  the  Members 
eleCfed  to  each  Houfe  of  the  General  Affembly,  fhall  within 
the  find  twenty  days  of  their  Hated  annual  feffion,  concur  in 
palling  a  law  for  taking  the  fenfe  of  the  good  people  of  this 
commonwealth  as  to  the  neceffity  and  expediency  of  calling 
a  convention,  it  {hall  be  the  duty  of  the  feveral  Sheriffs,  and 
other  returning  officers,  at  the  next  general  ele&ion  which 
{hail  be  held  for  Reprefentatives,  after  the  paffage  of  fuch 
law,  to  open  a  poll  for,  and  make  a  return  to  the  Secretary, 
for  the  time  being,  of  the  names  of  all  thofe  entitled  to  vote 
for  Reprefentatives  who  have  voted  for  calling  a  convention  : 
and  if  thereupon  it  fhall  appear  that  a  majority  of  all  the  citi¬ 
zens  of  this  Hate  entitled  to  vote  for  Reprefentatives,  have 


KENTUCKY. 


voted  for  a  convention,  the  General  A  (Terribly  (hall  dired 
that  a  fimilar  poll  (hall  be  opened,  and  taken  for  the  next 
year;  and  if  thereupon  it  (hall  appear,  that  a  majority  of  all 
the  citizens  of  this  (fate  entitled  to  vote  for  Reprefentatives, 
have  voted  for  a  convention,  the  General  Afiembly  (hall  at 
their  next  feffion  call  a  convention,  to  coniift  of  as  manv 
Members  as  there  (hall  be  in  the  Houfe  of  Reprefentatives, 
and  no  more  ;  to  be  chofen  in  the  fame  manner  and  propor¬ 
tion,  at  the  fame  places,  and  at  the  fame  time,,  that  Repre¬ 
fentatives  are,  by  citizens  entitled  to  vote  for  Representa¬ 
tives;  and  to  meet  within  three  months  after  the  (aid  elec¬ 
tion,  for  the  purpofe  of  re-adopting,  amending  or  changing 
this  conftirution.  But  if  it  (hall  appear  by  the  vote  of  either 
year,  as  aforefaid,  that  a  majority  of  all  the  citizens  entitled 
to  vote  for  Reprefentatives,  did  not  vote  for  a  convention,  a 
convention  (hall  not  be  called. 


ARTICLE  X, 

cfhat  the  general great  and  effential  principles  of  liberty  and free 
government  may  he  recognized  and  efahlifoedy  we  declare, 
Sect.  i.  That  all  free  men,  when  they  form  a  focial 
compact,  are  equal;  and  that  no  manor  fet  of  men,  are  en¬ 
titled  to  exclufive,  feparate,  public  emoluments  or  privileges, 
from  the  community,  but  in  connderation  of  public  fervices. 

Sect.  2.  That  all  power  is  inherent  in  the  people,  and 
all  free  governments  are  founded  on  their  authority,  and  in- 
fututed  for  their  peace,  fafety  and  happinefs  :  For  the  ad¬ 
vancement  of  thefe  ends,  they  have  at  ail  times  an  unalien¬ 
able  and  indefeafible  right  to  alter,  reform  or  abolifh  their 
government,  in  fuch  manner  as  they  may  think  proper. 

Sect.  3.  That  all  men  have  a  natural  and  indefeafible 
.right  to  worfhip  Almighty  God  according  to  the  didates 
of  their  own  confciences ;  that  no  man  fnall  be  compelled  to 
attend,  ered,  or  fupport  any  place  of  worfhip,  or  to  main¬ 
tain  any  miniftry  againft  his,  confent  ;  that  no  human  au¬ 
thority  ought,  in  any  cafe  whatever,  to  controul  or  inter¬ 
fere  with  the  rights  of  confcience ;  and  that  no  preference 
Hi  all  ever  be  given  by  law,  to  any  religious  focieties  or 
modes  of  worfhip. 

Sect.  4.  That  the  civil  rights,  privileges,  or  capacities 
of  any  citizen  (hail  in  no  wife  be  diminilhed  or  enlarged 
on  account  cf  his  religion. 


CONSTITUTION  OF 


260 


Sect.  5.  That  all  elections  fhall  bsfree  and  equal. 

Sect.  6.  That  the  ancient  mode  of  trial  by  jury  fhall  be 
held  facred,  and  the  right  thereof  remain  inviolate. 

Sect.  7.  That  printing  prefies  fhall  be  free  to  every  per- 
fon  who  undertakes  to  examine  the  proceedings  of  the  Le- 
giflature  or  any  branch  of  government  ;  and  no  law  fhall 
ever  be  made  to  reftrain  the  right  thereof.  The  free  com¬ 
munication  of  thoughts  and  opinions  is  one  of  the  invaluable 
rights  of  man,  and  every  citizen  may  freely  fpeak,  write 
and  print  on  any  fubjeCt,  being  refponfible  for  the  abufe  of 
that  liberty. 

Sect.  8.  In  profecutions  for  the  publication  of  papers  in- 
veftigating  the  official  conduCt  of  officers,  or  men  in  a  public 
capacity,  or  where  the  matter  publifhed  is  proper  for  public 
information,  the  truth  thereof  may  be  given  in  evidence. 
And  in  all  indictments  for  libels,  the  jury  fhall  have  a  right 
to  determine  the  law  and  the  faCts,  under  the  direction  of 
the  court,  as  in  other  cafes. 

Sect.  9.  That  the  people  fhall  be  fecure  in  their  perfons. 
houfes,  papers  and  poffeffions  from  unreasonable  feizures  and 
Searches;  and  that  no  warrant  to  fearch  any  place  or  to  feize 
any  perfon  or  things,  fhall  iffue  without  deferibing  them  as 
nearly  as  may  be,  nor  without  probable  caufe  fupported  by 
oath  or  affirmation. 

Sect.  10.  That  in  all  criminal  profecutions,  the  accufed 
hath  a  right  to  be  heard  by  himfelf  and  counfel ;  to  demand 
the  nature  and  caufe  of  the  accufation  againft  him,  to  meet 
the  witneffes  face  to  face,  to  have  compulfory  procefs  for  ob¬ 
taining  vvitnefTes  in  his  favour  ;  and  in  profecutions  by  indict¬ 
ment  or  information,  a  fpeedy  public  trial,  by  an  impartial 
jury  of  the  vicinage  ;  that  he  cannot  he  compelled  to  give 
evidence  againft  himfelf,  nor  can  he  be  deprived  of  his  life, 
liberty,  or  property,  unlefs  by  the  judgment  of  Ids  peers, 
or  the  law  of  the  land. 

Sect,  i  i.  rl'hat  no  perfon  fhall  for  any  indictable  offence 
be  proceeded  againft  criminally  by  information,  except  in 
cafes  arifing  in  the  land  or  naval  forces,  or  the  militia  when 
in  aCtual  fervice,  in  time  of  war  or  public  danger,  by  leave 
of  the  court  for  oppreffion  or  inifdemeanor in  office. 

Sect.  12  No  perfon  fhall  for  the  fame  offence  be  twice 
put  in  jeopardy  of  his  life  or  limb,  nor  (hall  any  man’s  property 


KENTUCKY. 


2  6 1 


be  taken  or  applied  to  public  ufe  without  the  confent  of  his 
reprefentatives,  and  without  juft  compenfation  being  previ- 
oully  made  to  him. 

Sect.  13.  That  all  courts  fn all  be  open,  and  every  perfon 
for  an  injury  done  him  in  his  lands,  goods,  perfon  or  repu¬ 
tation,  (hall  have  remedy  by  the  due  courfe  of  law  ;  and 
right  and  juftice  adminiftered  without  falc,  denial  or  delay. 

Sect.  14.  That  no  power  of  fufpendinglaws  fhali  be  ex- 
erciled,  unlefs  by  the  Legillature  or  its  authority. 

Sect.  15.  That  excefllve  bail  (hall  not  be  required,  nor 
exceffive  fines  impofed,  nor  cruel  punifhments  inflicted. 

Sect.  16.  That  all  prifoners  (hall  be  bailable  by  fullicient 
fecurities,  unlefs  for  capital  offences,  when  the  proof  is  evi¬ 
dent,  or  preemption  great  ;  and  the  privilege  of  the  writ 
of  habeas  corpus,  fhali  not  be  fufpended,  unlefs  when  in 
cafes  of  rebellion  or  invalion  the  public  fafety  may  require  it. 

Sect.  17.  That  the  perfon  of  a  debtor,  where  there  is 
not  ftrong  preemption  of  fraud,  fhali  not  be  continued  in 
prifon  after  delivering  up  his  eftate  for  the  benefit  of  his  cre¬ 
ditors,  in  fuch  manner  as  fhali  be  prefcribed  by  law. 

Sect.  18.  That  no  expoft  fa£to  law,  nor  any  law  impair¬ 
ing  contracts,  (hall  be  made. 

Sect.  19.  That  no  perfon  (hall  be  attainted  of  treafon  or 
felony  by  the  Legillature. 

Sect.  20.  That  no  attainder  fhali  work  corruption  of 
blood,  nor,  except  the  during  the  life  of  the  offender,  for¬ 
feiture  of  eftate  to  the  commonwealth.. 

Sect.  21.  That  the  eftates  of  fuch  perfons  as  fhali  deftro/ 
their  own  lives  fhali  defcend  or  veft  as  in  cafe  of  natural  death, 
and  if  any  perfon  fhali  be  killed  by  cafuaity,  there  fhali  be  no 
forfeiture  by  reafon  thereof. 

Sect.  22.  That  the  citizens  have  a  right  in  a  peaceable 
manner  to  affemble  together  for  their  common  good,  and  to 
apply  to  tnofe  inverted  with  the  powers  of  government  for 
redrefs  of  grievances,  or  other  proper  purpofes,  by  petition, 
addrefs  or  remonftrance. 

Sect.  23.  That  the  rights  of  the  citizens  to  bear  arms 
in  defence  of  themfelves  and  the  ftate,  fhali  not  be  queftu 
oned. 

Sect.  24.  That  no  (landing  army  fhali,  in  time  of  peace, 
be  kept  up  without  the  confent  of  the  Legillature,  and  the 

Z  2 


262 


CONSTITUTION  OF 


military  fhall  in  all  cafes,  and  at  all  times,  be  in  drift  fub- 
ordination  to  the  civil  power. 

Sect.  25.  That  no  foldier  fhall,  in  rime  of  peace,  be  quar¬ 
tered  in  any  houfe  without  the  confent  of  the  owner*  nor  in 
time  of  w7ar,  but  in  a  manner  to  be  preferibed  by  hw. 

Sect.  26.  That  the  Legiflature  fhall  not  grant  any  title 
of  nobility  or  hereditary  ditfinftion,  nor  create  any  office, 
the  appointment  to  which  fhall  be  for  a  longer  term  thandur- 
ing  good  behaviour. 

Sect.  27.  That  emigration  from  the  date  fhall  not  be 
prohibited. 

Sect.  28.  To  guard  againd  tranfgreffions  of  the  high 
powders  which  we  have  delegated,  ws  declare,  that  every 
thing  in  this  article  is  excepted  out  of  the  general  powers  of 
government,  and  fhall  forever  remain  inviolate  ;  and  that  all 
jaws  contrary  thereto,  or  contrary  to  this  conditution,  diall 
be  void. 


SCHEDULE. 

That  no  inconvenience  may  arife  from  the  alterations  and 
amendments  made  in  the  conditution  of  this  commonwealth, 
and  in  order  to  carry  the  fame  into  complete  operation,  it  is 
hereby  declared  and  ordained  : 

Sect.  i.  7'hat  all  laws  of  this  commonwealth  in  force  at 
the  time  of  making  the  faid  alterations  and  amendments,  and 
not  inconddent  therewith,  and  all  rights,  aftions,  profecu- 
tions,  claims  and  contracts,  as  well  of  individuals  as  of  bo¬ 
dies  corporate,  fnali  continue  as  if  the  faid  alterations  and 
amendments  had  not  been  made. 

Sect.  2.  That  all  officers  now  filling  any  office  or  appoint¬ 
ment,  diall  continue  in  the  exercife  of  the  duties  of  their  re- 
fpeftive  offices  or  appointments  for  the  terms  therein  expreded, 
unlefs  by  this  conditution  it  is  otherwife  directed. 

Sect.  3.  The  oaths  of  office  herein  direfted  to  be  taken, 
may  be  admimftered  by  any  Juftice  of  the  Peace,  until  the 
Legiilature  diall  otherwife  direft. 

Sect.  4.  The  General  AfTembly,  to  be  held  in  November 
next,  fhall  apportion  the  Reprefentatives  and  Senators,  and  lay 
offi  the  date  into  fenatorial  didrifts  conformable  to  the  regu- 
lations  preferibed  by  this  conditution.  In  fixing  thofe  ap¬ 
portionments,  and  in  eftablifhing  thofe  didrifts,  they  fhall 


KENTUCKY. 


7.63- 

take  for  their  guide  the  enumeration  direfted  by  law  to  be 
made  in  the  prefent  year,  by  the  commiffioners  of  the  tax, 
and  the  apportionments  thus  made,  ill  all  remain  unaltered 
until  the  end  of  the  Hated  annual  fcffions  of  the  General  Af- 
fembly  in  the  year  eighteen  hundred  and  three. 

Sect.  5.  In  order  that  no  inconvenience  may  arife  from 
the  change  made  by  this  conflitution,  in  the  time  of  holding 
the  general  election,  it  is  hereby  ordained  that  the  firft  elec¬ 
tion  tor  Governor,  Lieutenant  Governor,  and  Members  of  the 
General  Affembly,  (hail  commence  on  thefirft  Monday  in  May 
in  the  year  eighteen  hundred.  The  perfons  then  eiefted  (hall 
continue  in  office  during  their  feveral  terms  of  fervice  prc- 
fcribed  by  this  conftitution,  and  until  the  next  general  elec¬ 
tion,  -which  fhall  be  held  after  their  faid  terms  (hall  have  re- 
fpebtivelv  expired.  The  returns  for  the  faid  firit  eleftion  of 
Governor  and  Lieutenant  Governor  (hall  be  made  to  the  Se¬ 
cretary,  within  fifteen  days  from  the  day  of  election,  who 
fhall,  as  foon  as  may  be,  examine  and  count  the  fame  in  the 
prefence  of  at  lead  two  Judges  of  the  Court  of  Appeals,  or 
Diftridl  Courts,  and  fhall  declare  who  are  the  perfons  there¬ 
by  duly  elefted,  and  give  them  official  notice  of  their  elefti- 
on  :  and  if  any  perfons  fhall  be  equal  and  higheft  on  the  poll, 
the  faid  judges  and  Secretary  fhall  determine  the  election  by 
lot. 

Sect.  6.  This  conflitution,  except  fo  much  thereof  as  is 
therein  otherwife  directed,  (hall  not  be  in  force,  until  the 
firft  day  of  |une  in  the  year  eighteen  hundred  ;  on  which 
day  the  whole  thereof  fhail  take  full  and  complete  effect. 


Done  in  Convention  at  Frankfort  the  feventeenth  day  of  Au-, 
guft,  one  thonfand  feven  hundred  and  ninety-nine,  and  of 
the  Independence  of  the  United  States  of  America  the 
twenty-fourth, 

Alexander  S.  Bullit,  p.  c. 

Member  from  Jefferferit 


Bourbon „ 
John  Allen, 
Charles  Smith, 
Robert  Will  mot, 
James  Duncan, 


William  Griffith, 
Nathaniel  Rogers 
Brackm, 
Philip  Buckner. 


CONSTITUTION,  Sec. 


Campbell. 
Thomas  Sandford. 
Clarke . 

Robert  Clark, 

R.  Hickman, 

William  Sudduth. 

Chr'Jhan . 
Young  Ewing. 

Fayette . 

John  Breckinridge, 
John  M‘Dowell, 

John  Bell, 

H.  Harrifon, 

B.  Thrufton, 

Walter  Carr. 

Franklin » 
Harry  Innis, 

John  Logan. 

Flemming . 
George  Stockton. 
Garrard . 

William  M.  Bledfoe^ 
Green. 
William  Cafey. 

Harrifon. 

Henry  Coleman, 
William  Elliot  Bofwell 
yefferjon. 
Richard  Tayior. 

Jeff  a  mine. 

John  Price. 

Lincoln. 
William  Log  an, 

N.  Hull  on. 

Logan f 
John  Bailey, 


Reuben  Ewing. 

Mafon. 

Philemon  Thomas, 
Thomas  Marlhali,  junr« 
Jolhua  Baker. 

Mercer. 

Peter  Brunner, 

John  Adair, 

Thomas  Allen, 

Samuel  Taylor. 


Green  Clay, 

Thomas  Clay, 
William  Irvine. 

Montgomery » 
Jilfon  Payne. 

N elf  on. 

John  Rowan, 
Richard  Prather, 
Nicholas  Minor. 

Shelby. 

Benjamin  Logan, 
Abraham  Owen,. 
Scott . 

William  Henry, 
Robert  Johnfon. 

Woodford • 
Caleb  Wallace, 
William  Steel. 

W afh  in gt  on. 
Felix  Grundy, 
Robert  Abell. 

Warren. 

Alexander  Davidfon, 


(  2^5  ) 


NORTH-WESTERN  TERRITORY. 

An  ORDINANCE  for  the  Government  of  the  * Territory  of  the 
United  States  North-wejt  of  the  River  Ohio . 

BE  it  ordanied  by  the  United  States  in  Congrefs  ajfembled , 
That  the  faid  territory,  for  the  purpofes  of  temporary 
government,  be  one  diftrift ;  fubjeft,  however,  to  be  divided 
into  two  difniTs,  as  future  circurrdlances  may,  in  the  opi¬ 
nion  of  Congrefs,  make  it  expsdient. 

Re  it  ordained  by  the  authority  aforefald)  That  the  effates 
both  of  refident  and  non-refident  proprietors  in  the  faid  terri¬ 
tory,  dying  inteftate,  fhsll  defcend  to,  and  be  diftributed  a- 
mong  their  children,  and  the  defcendants  of  a  deceafed  child, 
in  equal  parts;  the  defcendants  of  a  deceafed  child  or  grand¬ 
child,  to  take  the  fhare  of  their  deceafed  parent  in  equal 
p arts  among  them  :  And  where  there  fhall  be  no  children  or 
defcendants,  then  in  equal  parts  to  the  next  of  kin,  in  equal 
degree;  and  among  collaterals,  the  children  of  a  deceafed 
brother  or  filler  of  the  intefiate,  fhall  have  in  equal  parts  a- 
mong  them  their  deceafed  parents  fhare ;  and  there  fhall  in  no 
cafe  be  a  diftindfion  between  kindred  of  the  wdiole  and  half 
blood  ;  faving  in  all  cafes  to  the  widow  of  the  inteftate,  her 
third  part  of  the  real  eftate  for  life,  and  one  third  part  of- the 
perfonal  effate  ;  and  this  law  relative  to  defcents  and  dower, 
fhall  remain  in  full  force  until  altered  by  the  legiflature  of  the 
cl i fb r i df .  And  until  the  Governor  and  judges  fhall  adopt  laws 
as  hereinafter  mentioned,  eftates  in  the  faid  territory  may 
be  devifed  or  beaueathedby  will?  in  w'ritiny,  domed  and  feal- 

L  J  O  7  O 

ed  by  him  or  her  in  whom  the  eflate  may  be  (being  of  full  age) 
and  attefled  by  three  witneffes  ;  and  real  eftates  may  be  con¬ 
veyed  by  leafe  and  releafe,  or  bargain  and  file,  figned",  feal- 
ed  and  delivered  by  the  perfon  being  of  full  age,  in  whom 
the  eftate  may  be,  and  attefled.  by  two  witneffes,  provided 
fuch  wills  be  duly  proved,  and  fuch  conveyances  be  acknow¬ 
ledged,  or  the  execution  thereof  duly  proved,  and  be  recorded 
within  one  year  after  proper  magiftrates,  courts,  and  regifters 
fhall  be  appointed  for  that  purpofe;  and  perfonal  property  may 
be  transferred  by  delivery  ;  faving,  however  to  the  French 
and  Canadian  inhabitants,  and  other  fettlers,  of  the  Kafkafkies, 


266 


ORDINANCE  FOR  THE 


Saint  Vincent’s,  and  the  neighbouring  villages,  who  have 
heretofore  profeffed  themfelves  citizens  of  Virginia,  their 
laws  and  cuftoms  now  in  force  among  them,  relative  to  the 
defcent  and  conveyance  of  property. 

Be  it  ordt*  ined  by  the  authority  aforefaid ,  That  there  ill  all 
be  appointed,  from  time  to  time,  by  Congrefs,  a  Governor, 
whofe  commidion  fhall  continue  in  force  for  the  term  of  three 
years,  unlefs  fooner  revoked  by  Congrefs:  he  fnall  refide  in 
the  didrid,  and  have  a  freehold  edate  therein,  in  one  thou- 
fand  acres  of  land,  while  in  the  exercife  of  his  office. 

There  {hall  be  appointed  from  time  to  time,  by  Congrefs  a 
Secretary,  whofe  comraiffion  mall  continue  in  force  for  four 
years,  unlefs  fooner  revoked  ;  he  fhall  relide  in  the  didrid, 
and  have  a  freehold  eftate  therein,  in  five  hundred  acres  of 
land,  while  in  the  exercife  of  his  office :  it  fhall  be  his  duty  to 
keep  and  preferve  the  acts  and  laws  palled  by  the  Legislature, 
and  the  public  records  of  the  didrid,  and  the  proceedings  of 
the  Governor  in  his  Executive  Department;  and  tranfmit 
authentic  copies  of  fuch  ads  and  proceedings,  every  fix 
months,  to  the  Secretary  of  Congrefs :  There  fhall  alfo  be 
appointed  a  court  to  confift  of  three  Judges,  any  two  of 
whom  tc  form  a  court,  who  fhall  have  a  common  law  jurif- 
didion,  and  refide  in  the  didrid,  and  have  each  therein  a 
freehold  edate  in  five  hundred  acres  of  land,  while  in  the 
exercife  of  their  offices;  and  their  commiffiona  fnall  continue 
in  force  during  good  behaviour. 

The  Governor  and  Judges,  or  a  majority  of  them,  fhall 
adopt  and  publifh  in  the  didrid,  fuch  laws  of  the  original 
dates,  criminal  and  civil,,  as  may  be  neceffary,  and  bed  Ant¬ 
ed  to  the  circumdances  of  the  didrid,  and  report  them  to 
Congrefs  from  time  to  time;  which  laws  fhall  be  in  force  in 
the  didrid  until  the  organization  of  the  General  AfTerably 
therein,  unlefs  difapproved  of  by  Congrefs;  but  afterwards 
the  Legidature  fhall  have  authority  to  alter  them  as  they  fhall 
think  fit. 

The  Governor  for  the  time  being,  fnall  be  Commander  in 
Chief  of  the  militia,  appoint  and  commiffion  all  officers  in 
the  fame,  below  the  rank  of  general  officers ;  all  general  of¬ 
ficers  Shall  be  appointed  and  comrniffioned  by  Congrefs. 

Previous  to  the  organization  of  the  General  Afiembly.  the 
Governor  fhall  appoint  fuch  Magidrates  and  other  civil  offi- 


GOVERNMENT  OF  N.  W.  TERRITORY.  267 

cers,  in  each  county  or  townlhip,  as  he  (hall  find  neceflary 
for  the  prefervation  of  the  peace  and  good  order  in  the  fame: 
After  the  General  Affembiy  fhall  be  organized,  the  powers 
and  duties  of  Magiftrates  ar.d  other  civil  officers  {hall  be  re¬ 
gulated  and  defined  by  the  faid  Affembly  ;  bur  all  Magifirates 
and  other  civil  officers  not  herein  otherwife  directed,  fhall, 
during  the  continuance  of  this  temporary  government,  be  ap¬ 
pointed  by  the  Governor, 

For  the  prevention  of  crimes  and  injuries,  the  laws  to  be 
adopted  or  made  fhall  have  force  in  all  parts  of  the  diftrict, 
and  for  the  execution  of  procefs,  criminal  and  civil,  the  Go¬ 
vernor  fhali  make  proper  divifions  thereof:  and  he  fhall  pro¬ 
ceed,  from  time  to  time,  as  circumftances  may  require,  to  lay 
out  the  parts  of  the  diltridt  in  which  the  Indian  titles  fhall 
have  been  extinguifhed,  into  counties  and  townfhips,  fubjedt 
however,  to  fuch  alterations  as  may  thereafter  be  made  by 
the  Legifiature. 

So  foon  as  there  fhall  be  five  thoufand  free  male  inhabi¬ 
tants,  of  full  age,  in  the  diltridt,  upon  giving  proof  thereof 
to  the  Governor,  they  fhall  receive  authority,  with  time  and 
place,  to  eledt  Representatives  from  their  counties  or  town¬ 
fhips,  to  reprefent  them  in  the  General  Affembly;  provided 
that  for  every  five  hundred  free  male  inhabitants,  there  fhall 
be  one  Reprefentative,  and  fo  on  progreffively  with  the  num¬ 
ber  of  free  male  inhabitants  fhall  the  right  of  reprefentation 
increafe,  until  the  number  of  Reprefentatives  fhali  amount  to 
twenty -five  ;  after  which  the  number  and  proportion  of  Re¬ 
prefentatives  fhall  be  regulated  by  the  Legifiature :  Provided 
that  no  perfon  be  eligible  or  qualified  to  adt  as  a  Reprefenta¬ 
tive,  unlefs  he  fhall  have  been  a  citizen  of  one  of  the  United 
States  three  years,  and  be  a  refident  in  the  diflridt,  or  urlefs 
he  fhall  have  refided  in  the  diltridt  three  years;  and  in  either 
cafe,  fhali  likewifehold  in  his  own  right,  in  fee  fimple,  two 
hundred  acres  of  land  within  the  fame:  Provided  alfo,  that 
a  freehold  in  fifty  acres  of  land  in  the  diltridt,  having  been  a 
citizen  of  one  of  the  Hates,  and  being  refident  in  the  diltridt, 
o'*  the  like  freehold,  and  two  years  refidence  in  the  diltridt 
fhall  be  neceffary  to  qualify  a  man  as  an  eledtcr  of  a  Repre¬ 
fentative. 

The  Reprefentatives  thus  eledted,  (hall  ferve  for  the  term  of 
two  years ;  and  in  cak  of  the  death  of  a  Reprefentative,  or 


I 


*68  ORDINANCE  FOR  THE 

removal  from  office,  the  Governor  fhali  iflfue  a  writ  to  the 
county  or  townfhip,  for  which  he  was  a  member,  to  elect  ano¬ 
ther  in  his  dead,  to  ferve  for  the  refidue  of  the  term. 

The  General  Amenably,  or  Legiflature,  fhali  conliil  of  the 
Governor,  Legiflative  Council,  and  a  Houfe  of  Reprefenta- 
tives.  The  Legiflative  Council  fhali  confifl  of  five  Mem¬ 
bers,  to  continue  in  office  five  years,  unlefs  fooner  removed 
by  Congrefs ;  any  three  of  whom  to  be  a  quorum  :  And  the 
Members  of  the  Council  fhali  be  nominated  and  appointed  in 
the  following  manner,  to  wit:  As  foon  as  Reprefentatives 
fiiall  be  eleded,  the  Governor  fhali  appoint  a  time  and  place 
for  tfiern  to  meet  together,  and  when  met,  they  fhali  nomi¬ 
nate  ten  perfons,  refidents  in  the  diftridt,  and  each  poffefied  of  a 
freehold  in  five  hundred  acres  of  land,  and  return  their  names 
to  Congrefs ;  five  of  whom  Congrefs  fiiall  appoint  and  com- 
miffion  to  ferve  as  aforefaid  ;  and  whenever  a  vacancy  fhali 
happen  in  the  Council,  by  death  or  removal  from  office,  the 
Houfe  of  Reprefentatjves  fnall  nominate  two  perfons,  quali¬ 
fied  as  aforefaid  for  each  vacancy,  and  return  their  names  to 
Congrefs  ;  one  of  whom,  Congrefs  fiiall  appoint  and  commiffioa 
for  the  refidue  of  the  term.  And  every  five  years,  four  months 
at  leafl  before  the  expiration  of  the  time  of  fervice  of  the 
Members  of  Council,  the  Laid  Houfe  fhail  nominate  ten  perfons, 
qualified  as  aforefaid,  and  return  their  names  to  Congrefs; 
five  of  whom  Congrefs  fiiall  appoint  and  commiffion  to  ferve 
as  Members  of  the  Council  five  years,  unlefs  fooner  removed. 
And  the  Governor,  Legiflative  Council,  and  Houfe  of  Re¬ 
prefentatives,  fiiall  have  authority  to  make  laws,  in  all  cafes, 
for  the  good  government  of  the  diftrid,  not  repugnant  to  the 
principles  and  articles  in  this  ordinance  eftabHfhed  and  de¬ 
clared.  And  all  bills  having  pafied  by  a  majority  in  the 
Houfe,  and  by  a  majority  in  the  Council,  (hall  be  referred  to 
the  Governor  for  his  aflent  ;  but  no  bill  or  legiflative  a£l 
whatever,  (hall  be  of  any  force  without  his  afient.  The  Go¬ 
vernor  fhali  have  power  to  convene,  prorogue  and  diflblve  the 
General  AiTembly,  when  in  his  opinion  it  fiiall  be  expedient. 

The  Governor,  Judges,  Legiflative  Council,  Secretary 
and  fuch  other  officers  as  Congrefs  fhali  appoint  in  the  dif- 
trift,  fhali  take  an  oath  or  affirmation  cf  fidelity,  and  of 
office  ;  the  Governor  before  the  Prefident  of  Congrefs,  and  all 
other  officers  by  the  Governor,  As  foon  as  a  Legiflature  fhali 


GOVERNMENT  OF  N.  W.  TERRITORY.  269 


be  formed  in  the  diftrift,  the  Council  and  Houfe  affemhled, 
in  one  room,  fliall  have  authority,  by  joint  ballot,  to  elect 
a  delegate  to  Congreis,  who  fhall  have  a  feat  in  Congrefts, 
with  a  right  of  debating,  but  not  of  voting  during  this  tem¬ 
porary  government. 

And  for  extending  the  fundamental  principles  of  civil  and 
religious  liberty,  which  form  the  bails  whereon  thefe  repub¬ 
lics,  their  laws  and  conftitutions  are  ere&ed;  to  fix  and  efta- 
blith  thofe  principles  as  the  bafis  of  all  laws,  conftitutions 
and  governments,  which  forever  hereafter  fhall  be  formed  in 
the  faid  territory:  to  provide  alfo  for  the  eftablifnmect  of 
ftates,  and  permanent  government  therein,  and  for  their  ad- 
milTion  to  a  fhare  in  the  federal  councils,  on  an  equal  footing 
with  the  original  ftates,  at  as  early  periods,  as  may  be  con¬ 
fident  with  the  general  intereft  : 

It  is  hereby  ordained  and  declared,  by  the  authority  aforefaid. 
That  the  following  articles  fhall  be  confidered  as  articles  of 
compact  between  the  original  ftates,  and  the  people  and  ftates 
in  the  faid  territory,  and  forever  remain  unalterable,  unlefts 
by  common  confent,  to  wit : 


ARTICLE  I. 

No  perfon  demeaning  himfelf  in  a  peaceable  and  orderly 
manner,  fnall  ever  be  molefted  on  account  of  his  mode  c£ 
worftiip  or  religious  fentiments,  in  the  faid  territory. 


ARTICLE  II. 

The  inhabitants  of  the  faid  territory,  fhall  always  be  en¬ 
titled  to  the  benefits  of  the  writ  of  habeas  corpus,  and  of  the 
trial  by  jury;  of  a  proportionate  reprefentation  of  the  peo¬ 
ple  in  the  Legiftature,  and  of  judicial  proceedings  according 
to  the  courfe  of  the  common  law.  All  perfons  fliall  be  bail¬ 
able,  unlefs  for  capital  offences,  where  the  proof  fhall  be 
i  evident,  or  the  prefumption  great.  All  fines  fliall  be  mode¬ 
rate  ;  and  no  cruel  or  unufual  punifhments  fhall  be  infliCted. 
No  man  fhall  be  deprived  of  his  liberty  or  property,  but  by 
the  judgment  of  his  peers,  or  the  law  of  the  land;  and  fhould 
the  public  exigencies  make  it  necefiary,  for  the  common  pre- 
fervation,  to  take  any  perfon’s  property,  or  to  demand  his 
particular  fervices,  full  compenfation  fhall  be  made  for  the 
And  in  the  juft  prefervation  of  rights  and  property^ 
A  a 


fame. 


270 


ORDINANCE  FOR  THE 


it  is  underftood  and  declared,  that  no  law  ought  ever  to  be 
made,  or  have  force  in  the  faid  territory,  that  fhall  in  any 
manner  whatever  interfere  with,  or  affeft  private  contracts 
or  engagements,  bona  fide,  and  without  fraud  previoufly 
formed. 


ARTICLE  III. 

Religion,  morality,  and  knowledge,  being  neceflary  to 
good  government  and  the  happinefs  of  mankind,  fchools,  and 
the  means  of  education,  fhall  forever  be  encouraged.  The 
utmoft  good  faith  fhall  always  be  obferved  towards  the  Indi¬ 
ans  ;  their  lands  and  property  fhall  never  be  taken  from  them 
without  their  confent;  and  in  their  property,  rights  and  liberty, 
they  never  fhall  be  invaded  ordifturbed,  unlefs  in  juft  and  law¬ 
ful  wars  authorized  by  Congrefs;  but  laws  founded  in  juftice 
and  humanity,  fhall  from  time  to  time  be  made,  for  prevent¬ 
ing  wrongs  being  done  to  them,  and  for  preferving  peace  and 
friendship  with  them. 

ARTICLE  IV. 

The  faid  territory,  and  the  ftates  which  may  be  form¬ 
ed  therein,  fhall  forever  remain  a  part  of  this  confederacy  of 
the  United  States  of  Ameiica,  fubjeft  to  the  articles  of  con¬ 
federation,  and  to  fuch  alterations  therein,  as  fhall  be  confti- 
tutionally  made;  and  to  all  the  afts  and  ordinances  of  the 
United  States  in  Congrefs  affembled,  conformable  thereto. 
The  inhabitants  and  fettlers  in  the  faid  territory,  fhall  be 
iubjeft  to  pay  a  part  of  the  federal  debts,  con t rafted  or  to  be 
contracted,  and  a  proportional  part  of  the  expenfes  of  govern¬ 
ment,  to  be  apportioned  on  them  by  Congrefs,  according  to 
the  fame  common  rule  and  meafure,  by  which  apportionments 
thereof  fhall  be  made  on  the  other  ftates;  and  the  taxes  for 
paying  their  proportion,  fhall  be  laid  and  levied  by  the  au¬ 
thority  and  direction  of  the  legiilatures  of  the  diftrift  or  dif- 
irifts  or  new  ftates,  as  in  the  original  ftates,  within  the 
time  agreed  upon  by  the  United  States  in  Congrefs  affembled. 
The  lejdflatures  of  thofe  diftrifts  br  new  ftates,  fhall  never  in- 
terfere  with  the  primary  difpofal  of  the  foil  by  the  United 
States  in  Congrefs  affembled,  nor  with  any  regulations  Con¬ 
grefs  may  find  neceffary  for  fecuring  the  title  in  fuch  foil  to  the 
bona  fide  purchafers.  No  tax  fhall  be  impofcd  on  lands  the  pro¬ 
perty  of  the  United  States;  and  in  no  cafe  fhall  non-refident 


GOVERNMENT  OF  N.  W.  TERRITORY. 


272 

proprietors  be  taxed  higher  than  refidents.  The  navigable 
waters  leading  into  the  Miffifiippi  and  St.  Lawrence,  and  the 
carrying  places  between  the  fame,  fhall  be  common  highways, 
and  forever  free,  as  well  to  the  inhabitants  of  the  faid 
territory,  as  to  the  citizens  of  the  United  States,  and  thofe 
of  any  other  ftates  that  may,  be  admitted  into  the  confedera¬ 
cy,  without  any  tax,  import,  or  duty  therefor. 

ARTICLE  V. 

There  fhall  be  formed  in  the  faid  territory,  not  lefs  than 
three,  nor  more  than  five  ftates;  and  the  boundaries  of  the 
Hates,  as  foon  as  Virginia  fhall  alter  her  aft  of  ceflion,  and 
confent  to  the  fame,  fhall  become  fixed  and  eftablirtied  as  fol¬ 
lows,  to  wit:  The  weftern  ftate  in  the  faid  territory,  fhall 
be  bounded  by  the  Miffifiippi,  the  Ohio,  and  Wabafh  ri¬ 
vers;  a  direft  line  drawn  from  the  Wabafh  and  Port  Vincents 
due  north  to  the  territorial  line  between  the  United  States 
and  Canada  ;  and  by  the  faid  territorial  line  to  the  lake  of 
the  Woods  and  Miffifiippi.  The  middle  ftate  fnall  be  bound¬ 
ed  by  the  faid  direft  line,  the  Wabafh  from  Port  Vincents  to 
the  Ohio;  by  the  Ohio,  by  a  direft  line  drawn  due  north 
from  the  mouth  of  the  Great  Miami,  to  the  faid  terrorial 
line,  and  by  the  faid  territorial  line.  The  eaftern  ftate  fhall 
be  bounded  by  the  laft  mentioned  direft  line,  the  Ohio,  Penn- 
fylvania,  and  the  faid  territorial  line :  Provided  however, 
and  it  is  further  underftood  and  declared,  that  the  boundaries 
of  thefe  three  ftates,  fhall  befubjeft  fo  far  to  be  altered,  that 
if  Congrefs  fhall  hereafter  find  it  expedient,  they  fhall  have 
authority  to  form  one  or  two  ftates  in  that  part  of  the  faid  ter¬ 
ritory  which  lies  north  of  an  eafl  and  weft  line  drawn  through 
the  foutherly  bender  extreme  of  lake  Michigan.  And  when¬ 
ever  any  of  the  faid  ftates,  fhall  have  fixty  thoufand  free  in¬ 
habitants  therein,  fuch  ftate  fhall  be  admitted,  by  its  dele¬ 
gates,  into  the  Congrefs  of  the  United  States,  on  an  equal 
footing  with  the  original  ftates,  in  all  refpefts  whatever;  and 
fhall  be  at  liberty  to  form  a  permanent  conftitution  and  ftate 
government:  Provided  the  conftitution  andgovernment  fo  to 
be  formed,  fnall  be  republican,  and  in  conformity  to  the  prin¬ 
ciples  contained  in  thefe  articles ;  and  fo  far  as  it  can  be  confid¬ 
ent  with  the  general  intereft  of  the  confederacy,  fuch  admif- 
fion  fhall  be  allowed  at  an  earlier  period,  and  when  there  may 
be  a  lefs  number  of  free  inhabitants  in  the  ftate  than  fixty 
thoufand. 


AN  ACT,  &c. 


- 


ARTICLE  VI. 

There  fhall  be  neither  flavery  nor  involuntary  fervitude  in  the  faid  ter¬ 
ritory,  otherwife  than  in  punifhment  of  crimes,  whereof  the  party  fhall 
have  been  duly  convicted :  Provided  always,  that  any  perfon  efcaping 
into  the  fame,  from  whom  labour  or  fervice  is  lawfully  claimed  in  any 
one  of  the  original  Hates,  fuch  fugitive  may  be  lawfully  reclaimed,  and 
conveyed  to  the  perfon  claiming  his  or  her  labour  or  fervice  as  aforefaid. 
Done  by  the  United  States ,  in  Congrefs  ta fern  bled,  the  thirteenth  day  of  fitly, 
in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  e/ghty-feven,  and 
of  their  fovercignty  and  independence  the  twelfth , 

WILLIAM  GRAYSON,  Chairman. 
Charles  Thomson,  Secretary. 

— ^*<0—  <•  .  $$  - 

AN"  ACT!  to  provide  for  the  Government  of  the  'Territory  north- wefl  of 

the  River  Ohio. 


WHEREAS  in  order  that  the  ordinance  of  the  United  States  in 
Congrefs  affembled,  for  the  government  of  the  territory  north- 
weft  of  the  river  Ohio,  may  continue  to  have  full  effeft,  it  is  requifite  that 
certain  provifions  fhouid  be  made,  fo  as  to  adapt  the  fame  to  the  prefent 
conftitution  of  the  United  States. 

Section  I.  Be  it  enacted  by  the  Senate  and  Houfe  of  Representatives  of 
the  United  States  of  America ,  in  Congrefs  affembled.  That  in  all  cafes  in 
which  by  the  faid  ordinance,  any  information  is  to  be  given,  or  commu¬ 
nication  made  by  the  Governor  of  the  faid  territory  to  the  United 
States  in  Congrefs  afTembled,  or  to  any  of  their  officers,  it  fhall  be  the 
duty  of  the  faid  Governor  to  give  fuch  information  and  t®  make  fuch 
communication  to  the  Prefident  of  the  United  States ;  and  the  Prefident 
fhall  nominate,  and  by  and  with  the  advice  and  confent  of  the  Senate, 
fhall  appoint  all  officers,  which  by  the  faid  ordinance  were  to  have  been 
appointed  by  the  United  States  in  Congrefs  affembled,  and  all  officers 
fo  appointed,  fhall  he  commiffioned  by  him:  and  in  all  cafes  where  the 
United  States  in  Congrefs  affembled,  might  by  the  faid  ordinance,  re¬ 
voke  any  commiffion  or  remove  from  any  office,  the  Prefident  is  hereby 
declared  to  have  the  fame  powers  of  revocation  and  removal. 

Sect.  a.  And  be  it  further  enabled.  That  in  cafe  of  the  death,  removal, 
refignation,  or  neceffary  abfence  of  the  Governor  of  the  faid  territory, 
the  Secretary  thereof  fhall  be,  and  he  is  hereby  authorized  and  required 
to  execute  all  the  powers,  and  perform  all  the  duties  of  the  Governor, 
during  the  vacancy  occafioned  by  the  removal,  refignation  or  neceffary 
abfence  of  the  faid  Governor. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  Houfe  of  Reprefentativte . 
JOHN  ADAMS,  Vice- Prefident  of  the  United  States , 
and  Prefident  of  the  Senate. 

Approved,  Attguft  the  7th,  1789: 

GEORGE  WASHINGTON,  Prefident  of  the  United  Stater. 


FINIS. 


fr  * 


THE  LIBRARY  OF  THE 
UNIVERSITY  OF 
NORTH  CAROLINA 
AT  CHAPEL  HILL 


PRESENTED  BY 

Richard  J.  Richardson 


RARE  BOOK  COLLECTION 

KF4530 
.  C66 

1800 


